Maridurai v. State Of Tamilnadu Rep By Inspector Of Police, Chokkampatti

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/05/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Maridurai, S/o.Pothiyappan, Door No.131, A/7, Manthaiyadi Street, Chokkampatti Village, Tenkasi Taluk, Tenkasi District..

2. Muthukumar, S/o.Paramasivan, Door No.35/5, Mariamman Kovil Street, Chokkampatti Village, Tenkasi Taluk, Tenkasi District. ... Petitioners Vs State of Tamilnadu Rep by, The Inspector of Police, Chokkampatti Police Station, Tenkasi District.

Crime No.72 of 2026.

... Respondent/Complainant For Petitioners : Mr.D.Rajaboopathy, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor 1/6

PRAYER :- C-8B. For Bail in Crime no.72 of 2026 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 27.04.2026 for the offences punishable under Sections 296(b), 115(2), 118(1), 109(1), 46 & 351(3) of BNS, in Crime No.72 of 2026 on the file of the respondent police, seek bail.

2. The case of the prosecution is that due to previous motive, the petitioners and other accused persons assaulted the defacto complainant using stick and threatened him with dire consequences. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are in judicial custody from 27.04.2026. 2/6

Hence, he seeks bail to the petitioners.

4. The learned Additional Public Prosecutor submitted that the petitioners have no previous cases and injured has been treated as outpatient. However, he opposed for grant of bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners, subject to the following conditions:

6. Accordingly, the petitioners are ordered to be released on bail on executing 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 Judicial Magistrate, Tenkasi, and on further conditions that :- [a] the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the 3/6

Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;

[b] the petitioners shall report before the respondent Police daily at 10.30 a.m., until further orders;

[c] the petitioners shall not tamper with the evidence or witness either during investigation or trial;

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

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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];

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

(S S Y J) 06.05.2026 PJL TO

1. The Judicial Magistrate, Tenkasi.

2.

The Inspector of Police, Chokkampatti Police Station, Tenkasi District.

3.

The Superintendent, Central Prison,Palayamkottai, Tirunelveli District.

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

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S.SRIMATHY,J PJL

ORDER

IN CRL OP(MD) No.9112 of 2026 Date : 06/05/2026 6/6