R.Sugunesh v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/05/2026 PRESENT The HONOURABLE MR. JUSTICE R.VIJAYAKUMAR R.Sugunesh ... Petitioner/Accused Vs The State of Tamilnadu, Rep By,The Inspector of Police, Kottar Police Station, Kanyakumari District.

Cr.No.144/2025..

... Respondent/Complainant For Petitioner : mR.P. Saravanakumar For Respondent : Mr.E.Antony Sahaya Prabahar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioner / accused No.2 on bail in S.C.No.199 of 2025 pending on the file of the Learned Additional Sessions Judge, Fast Track court, Kanyakumari District at Nagercoil.

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ORDER : The Court made the following order :- The petitioner, who was surrendered on 12.03.2025 and facing trial in S.C.No.199 of 2025 on the file of the Additional Sessions Court (Fast Track Court), Kanyakumari District, for the offences under Sections 103(1), 126(2), 3(5), 61(2)(A), 309(6) and 238(A) of BNS, 2023 in Crime No.144 of 2025 on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that on 08.03.2025, the accused persons brutally murdered the brother of the defacto complainant. Hence, the complaint

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and that he has not committed any offences as alleged by the prosecution. On information, he voluntarily surrendered before the Court on 12.03.2025. He further submitted that the petitioner is ready and willing to abide by any condition that may be imposed by this Court. In this case, investigation has been completed and trial has commenced. Hence, he seeks bail for the petitioner. 2/6

4. The learned Additional Public Prosecutor submitted that in this case, though investigation is completed, considering the previous cases pending against the petitioner and the nature of the offence, strongly opposed to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case, considering the nature of offence and considering the long period of incarceration undergone by the petitioner from 12.03.2025 and also considering the fact that in this case trial has been commenced, this Court is inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail on executing 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 Additional Sessions Judge, (Fast Track Court), Kanyakumari District at Nagercoil and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Judge 3/6

may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the learned Additional Sessions Judge, (Fast Track Court), Kanyakumari District at Nagercoil on every Monday at 10.30 a.m., until further orders.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Judge/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 Judge/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

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

(R V J) 20.05.2026 PNM TO

1. The Additional Sessions Judge, (Fast Track Court), Kanyakumari District at Nagercoil

2. Do-Through The Chief Judicial Magistrate, Kanyakumari District.

3. The Superintendent, Central Prison, Palayamkottai

4. The State of Tamilnadu, Rep By, The Inspector of Police, Kottar Police Station, Kanyakumari District.

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

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R.VIJAYAKUMAR,J PNM

ORDER

IN CRL OP(MD) No.8716 of 2026 Date : 20/05/2026 6/6