T.Jayaprakash @ Jai Prakash v. State Of Tamilnadu Rep By Inspector Of Police, Sivagiri
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/04/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL
1. T.Jayaprakash @ Jai Prakash, S/o. Thangasamy, No. 7/228a, Middle Ramasamiyapuram Street, Devipattinam, Sivagiri Taluk, Tenkasi District..
2. M.Manikandan, S/o. Mariyappan, No. 2/86 South Street, Ramasamiyapuram, Sivagiri Taluk, Tenkasi District..
3. R.Murugan, S/o. Rameshwaran,No. 37/2, Indra 2nd Street, Sivagiri, Sivagiri Taluk, Tenkasi District..
4. A.Selvaraj, S/o. Ambiraj, No.7/42f, Anna South Street, Sivagiri, Sivagiri Taluk, Tenkasi District..
5. Ramaraj, S/o. Rameshwaran, No. 37/2, Periyakadai Pazar Street, Sivagiri, Sivagiri Taluk, Tenkasi District..
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6. S.Karuppaiya, S/o. Sundaraj, No.1a, Anna South Street, Sivagiri, Sivagiri Taluk, Tenkasi District..
7. B.Vinothkumar, S/o. Balathandayudham, No.19/29, Anna South Street, Sivagiri, Sivagiri Taluk, Tenkasi District..
8. B.Pandiaraj, S/o. Balathandayudham, No.19/29, Anna South Street, Sivagiri, Sivagiri Taluk, Tenkasi District..
9. S.Kaliraj, S/o. Sundaraj, No.1a, Anna South Street, Sivagiri, Sivagiri Taluk, Tenkasi District..
10. K.Kuttiraja, S/o. Kathiresan, No.64a, Anna South Street, Sivagiri, Sivagiri Taluk, Tenkasi District..
11. K.Karthick, S/o. Kuttiraja, No.64a, Anna South Street, Sivagiri, Sivagiri Taluk, Tenkasi District..
12. G.Muthukumar, S/o. Ganesan, No.22, Anna North Street, Sivagiri, Sivagiri Taluk, Tenkasi District..
13. V.Veeraiya, S/o. Vel @ Velu, Anna North Street, Sivagiri, Sivagiri Taluk, Tenkasi District..
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14. G.Kumar, S/o. Gurusamy, No.35a, Anna North Street, Sivagiri, Sivagiri Taluk, Tenkasi District..
15. M.Senthilkumar, S/o. Mariappan, No.47, Pallakudi Street, Melur, Melapattamkarisalkumlam, Sivagiri Taluk, Tenkasi District..
... Petitioners/Accused Vs State of Tamil Nadu rep. by The Inspector of Police, Sivagiri Police Station, Tenkasi District.
(Crime No.117 of 2026) ... Respondent/Complainant For Petitioner : Mr.K.Karansingh, Advocate.
For Respondent : Mr.B.Nambi Selvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-8B. For Bail in Crime No. 117 of 2026 on the file of the respondent police.
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ORDER : The Court made the following order :- The petitioners/Accused, who were arrested and remanded to judicial custody on 16.04.2026 for the offences punishable under Sections 191(2), 191(3), 296(b), 115(2), 121(1), 121(2), 118(2) and 109(1) of BNS, 2023, and Section 3 of TNPPDL Act, 1992, in Crime No.117 of 2026 on the file of the respondent police, seek bail.
2.The case of the prosecution is that on 01.04.2026, during a temple festival, a dispute arose between two communities and the petitioners and other accused persons unlawfully assembled and abused the rival group and pelted stones at both the rival group and the police officials, thereby causing injuries and damaging the public property. Hence, the case.
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3.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they were falsely implicated in this case and they are no way connected in the above said incident. They have not committed any offence as alleged by the prosecution. He would further submit that it is a case in counter case. a counter complaint has been registered against the rival group in Crime No.116 of 2026 and in the counter complaint, this Court has already granted anticipatory bail to them. The co-accused was released on bail. The petitioners have been arrested and remanded to judicial custody on 16.04.2026. Hence, he prays to grant bail to the petitioners.
4. The learned Additional Public Prosecutor appearing for the respondent Police would submit that the investigation is pending and the offences are grave in nature. He would further 5/11
submit that the injured person has been discharged from the hospital. He would further submit that the petitioners 7, 8, 10, 11, 12 and 14 have no previous cases and the other petitioners have some previous cases. Hence, he strongly opposed to grant bail to the petitioners.
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 considering the fact that there was a dispute between the parties regarding the temple festival and the petitioners 7, 8, 10, 11, 12 and 14 have no previous cases and though the other petitioners have some previous cases, the same are not similar kind of offences and in all cases, there were released on bail and the 6/11
material part of the investigation might have been completed and counter case in Crime No.116 of 2026 has been registered against the defacto complainant and also considering the fact that the injured person has been discharged from the hospital and the period of incarceration undergone by the petitioners from 16.04.2026, this Court is inclined to grant bail to the petitioners subject to the following conditions: [a] Accordingly, the petitioners are ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned DJudicial Magistrate, Sivagiri, and on further conditions that:
[b] the petitioners shall report before the respondent Police daily at 10.30 a.m., until further orders.
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[c] the petitioners shall not commit any offence similar to the offence of which she is accused, or suspected, or of the commission of which she is suspected;
[d] the petitioners 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 8/11
appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 petitioners/accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
(P D B J) 29.04.2026 VSG 9/11
TO 1.The learned DJudicial Magistrate, Sivagiri. 2.The Inspector of Police, Sivagiri Police Station, Tenkasi District.
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., vsg
ORDER
IN CRL OP(MD) No.8432 of 2026 Date : 29/04/2026 11/11