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Madras High CourtCRL OP(MD)/9205/2026granted

Chealladurai v. State Of Tamilnadu Rep By Inspector Of Police, Kovilpatti East

2026-05-06Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.05.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD). No.9205 of 2026 Chealladurai ... Petitioner/Accused Vs The State of Tamil Nadu, Rep By,The Inspector of Police, Kovilpatti East Police Station, Thoothukudi District.

(Crime No.248 of 2025) ... Respondent/Complainant For Petitioner : Ms.Porkodi Karnan, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioner on bail in S.C.No.279 of 2025 on the file of the II Additional District and Sessions Court, Thoothukudi District, for the offences under Sections 3(5), 126(2), 296(b), 103(1), 351(3) BNS @ 191(2), 191(3), 3(5), 126(2), 296(b), 103(2), 351(3), 61(2) BNS pending investigation on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner, who is facing trial in S.C.No.279 of 2025 on the file of the II Additional District and Sessions Court, Thoothukudi District, for the offences under Sections 3(5), 126(2), 296(b), 103(1), 351(3) BNS @ 191(2), 191(3), 3(5), 126(2), 296(b), 103(2), 351(3), 61(2) BNS in Crime No.248 of 2025 on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that due to previous enmity between the deceased and the accused persons, on 01.06.2025, the petitioner, along with other accused persons, waylaid the deceased, abused him in filthy language, and assaulted him with an aruval, which resulted in his death. Hence, the complaint

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 02.06.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that three previous cases were foisted against the petitioner; in one case, he has paid

fine, and the other two cases also ended in acquittal. However, he opposed the grant of bail to the petitioner.

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

6. Accordingly, 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 II Additional District and Sessions Judge, Thoothukudi and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall stay at Villupuram and report before the Inspector of Police, Villupuram Town Police Station, Villupuram, daily at 10.30 a.m., until further orders. No request for relaxation shall be entertained in the next three months.

[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 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].

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

(S S Y J) 06.05.2026 TSG To

1. The II Additional District and Sessions Court, Thoothukudi.

2. The Superintendent, Central Prison, Palayamkottai.

3. The Inspector of Police, Villupuram Town Police Station, Villupuram. 4.The Inspector of Police, Kovilpatti East Police Station, Thoothukudi District.

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

S.SRIMATHY,J.

TSG

ORDER

IN CRL OP(MD) No.9205 of 2026 Date : 06.05.2026