Marimuthu v. State Of Tamilnadu Rep By Inspector Of Police, Thoothukudi North

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 22/04/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL Marimuthu ... Petitioner/Sole Accused Vs State of Tamilnadu Rep by, The Inspector of Police, Thoothukudi North Police Station, Thoothukudi.

Crime No.698 of 2025.

... Respondent/Complainant PRAYER :- For Bail in Crime No. 698 of 2025 on the file of the respondent Police.

For Petitioner : J.M.Arvind Pawlraj, Advocate.

For Respondent : Mr.B.Nambi Selvan, Additional Public Prosecutor ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to 1/6

judicial custody on 23.12.2025 for the offences punishable under Sections 296(b), 109(1) of BNS @ 296(b), 103(1) of BNS (294(b), 307 of IPC @ 294(b), 302 of IPC), in Crime No.698 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the deceased is the mother of the defacto complainant and the grand mother of the petitioner. The petitioner is none other than the brother's son of the defacto complainant. On 22.12.2025 at about 05.00 pm, the petitioner demanded money from the deceases. When the same was refused by her, he is said to have attacked the deceased with an aruval. Even she was taken to hospital, due to grievous injuries, she died. Hence, this case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that he has been arrested and remanded to judicial custody on 23.12.2025. Therefore, prayed to grant bail for the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the deceased is the grand mother of the 2/6

petitioner. Due to money dispute, he attacked the deceased with an aruval and caused death to her and hence, the offence is grave in nature and the petitioner has 5 previous cases Hence, he strongly opposed to grant bail to the petitioner. He would further submit that the investigation was completed and charge sheet was filed before the concerned Court and the same has not yet been taken on file.

5. This Court heard both sides and perused the materials available on record.

6. Considering the rival submissions made by the learned counsel on either side, nature of offence, and the investigation was completed and charge sheet was filed before the concerned Court and the same is pending for committal and though the prosecution stated that the petitioner has 5 previous cases, those cases are not similar kind of offences and in that cases, he was granted bail and anticipatory bail, and considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of 3/6

Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.3, Thoothukudi, and on further conditions that:

[b] the petitioner shall report before the jurisdictional Magistrate on all working days at 10.30 a.m., until further orders.

[c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected;

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take 4/6

appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(P D B J) 22.04.2026 dss To 1.The Judicial Magistrate No.3, Thoothukudi.

2.The Inspector of Police, Thoothukudi North Police Station,Thoothukudi.

3. The Superintendent, Central Prison, Palayamkottai.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL,J DSS

ORDER

IN CRL OP(MD) No.7884 of 2026 Date : 22/04/2026 6/6