Lakshmipathiraja @ Kudumpi v. State Of Tamilnadu Rep By Inspector Of Police, Karuppayurani

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

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL Lakshmipathiraja @ Kudumpi ... Petitioner/Accused No. Vs State of Tamilnadu Rep by, The Inspector of Police, Karuppayurani Police Station, Madurai District.

(Crime No. 43 of 2026). ... Respondent/Complainant PRAYER :- For Bail in Crime No. 43 of 2026 on the file of the Respondent Police.

For Petitioner : J.Sankarapandian, Advocate.

For Respondent : Mr.B.Nambi Selvan, Additional Public Prosecutor ORDER : The Court made the following order :- 1/6

The petitioner / Accused, who was arrested and remanded to judicial custody on 20.03.2026 for the offences punishable under Sections 191(2), 296(b), 351(3) of BNS, 2023 and Section 3 of the Explosive Substances Act, 1908, in Crime No.43 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 17.03.2026 at about 01.00 p.m, the elder son of the defacto complainant heard a sound and rushed to the spot and found that fire has been set to his house by using some substance and at that time, the accused persons abused the defacto complainant's family in filthy language and threatened them with dire consequences. 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 based on the confession of the co-accused, he was implicated in this case and no one has sustained injury in the alleged occurrence and he has been arrested and remanded to judicial custody on 2/6

20.03.2026. Therefore, prayed to grant bail for the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner and the other accused are said to have set fire to his house by using some substance and abused the defacto complainant's family in filthy language and threatened them with dire consequences and the investigation is still pending and the petitioner has 6 previous cases. Hence, he strongly opposed to grant bail to the petitioner. He would further submit that no one has sustained injury in this occurrence.

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 nobody was injured in this case and the petitioner was arrayed as accused based on the confession of the coaccused and the though the prosecution stated that the petitioner has 6 previous cases, those cases are not similar kind of offences and in that 3/6

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

[b] the petitioner shall report before the respondent police 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 4/6

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 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 5/6

P. DHANABAL,J DSS To 1.The Judicial Magistrate No.II, Madurai District. 2.The Inspector of Police, Karuppayurani Police Station, Madurai District.

3. The Superintendent, Central Prison, Madurai.

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

ORDER

IN CRL OP(MD) No.8016 of 2026 Date : 22/04/2026 6/6