S.Murugan v. State Of Tamilnadu Rep By Inspector Of Police, Sivagiri

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 29/04/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL S.Murugan ... Petitioner/Sole Accused Vs State of Tamilnadu Rep by, The Inspector of Police, Sivagiri, Police Station, Tenkasi District.

(Crime No. 126 of 2026). ... Respondent/Complainant PRAYER :- For Bail in Crime No. 126 of 2026 on the file of the Respondent Police.

For Petitioner : K.Karansingh, 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 09.04.2026 for the offences punishable under Sections 296(b), 109(1), 351(3) of BNS Act (Corresponding Sections 294(b), 307, 351(3) of IPC Act), in Crime No.126 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to money dispute, the petitioner trespassed into the house of the defacto complainant and abused him in filthy language and made an assault upon him and caused injuries. Hence, the 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 the injured was discharged from the hospital and he has been arrested and remanded to judicial custody on 09.04.2026. Therefore, prayed to grant bail for the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that there was a money dispute between the 2/6

parties. Due to which, the petitioner abused the defacto complainant in filthy language and attacked him and caused injuries and the investigation is still pending and the petitioner has 1 previous case (379 of IPC). Hence, he strongly opposed to grant bail to the petitioner. He would further submit that injured was discharged from the hospital.

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 there is a money dispute between the parties and the injured was discharged from the hospital and though the petitioner has 1 previous case, in that case, he was granted 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 3/6

each for a like sum to the satisfaction of the Judicial Magistrate, Sivagiri, and on further conditions that: [b] the petitioner shall report before the respondent police daily at 10.30 a.m., in all working days 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 appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 4/6

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) 29.04.2026 dss 5/6

P. DHANABAL,J DSS To 1.The Judicial 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.

ORDER

IN CRL OP(MD) No.8519 of 2026 Date : 29/04/2026 6/6