Gurusamypandi v. State Of Tamilnadu Rep By Inspector Of Police, Elayirampannai

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.9201 of 2026 1.Gurusamypandi 2.Manojkumar 3.Rajapandi ... Petitioners/ Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Elayirampannai Police Station, Virudhunagar District.

(Crime No.73 of 2026) ... Respondent/Complainant For Petitioners : Ms.M.Shunmalar For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.73 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 24.03.2026 for the offences punishable under Sections 140(1), 127(2), 296(b), 103(1) BNS in Crime No.73 of 2026 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the defacto complainant and his brother attended a function on 22.03.2026, during which the brother of the defacto complainant allegedly took the mobile phone belonging to the wife of Accused No.1. On 23.03.2026, in order to recover the said mobile phone, the petitioners, along with other accused persons, allegedly kidnapped the brother of the defacto complainant. During the course of the incident, the first petitioner attacked him on his private parts, the second petitioner assaulted him with a stick on his stomach, back and chest and the third petitioner assaulted him with his hands. As a result of these injuries, the victim succumbed and died. Hence, the complaint.

3. The learned counsel for the petitioners 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 ready and willing to abide by any conditions which may be imposed by this Court and they are in judicial custody from 24.03.2026. Hence, he seeks bail to the petitioners.

4. The learned Additional Public Prosecutor submitted that two previous cases are pending against the first petitioner and there are no previous cases against the second and third petitioners. He further submitted that as this is a case of murder, he opposed to grant bail to the petitioners herein.

5. Taking into consideration of the facts and circumstances of the case and also considering the age of the petitioners 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 separate 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 No.I, Sathur, Virudhunagar District, 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 petitioners shall report before the respondent Police daily at 10.30 a.m., until further orders. [c] the petitioners shall not abscond either during investigation or trial.

[d] the petitioners 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 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].

[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 learned Judicial Magistrate No.I, Sathur, Virudhunagar District.

2.The Officer-in-charge, District Prison, Virudhunagar. 3.The Inspector of Police, Elayirampannai Police Station, Virudhunagar District.

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

S.SRIMATHY,J.

TSG

ORDER

IN CRL OP(MD) No.9201 of 2026 Date : 06.05.2026