Mariselvam v. State Of Tamilnadu Rep By Inspector Of Police, Ettayapuram

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/05/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Mariselvam, S/o.Devadoss, No.2/360, Indra Nagar, Panchai Colony, Ottapidaram, Thoothukudi District.

... Petitioner Vs State of Tamilnadu Rep by, The Inspector of Police, Ettayapuram Police Station, Thoothukkudi District.

Crime No.109 of 2026.

... Respondent/Complainant For Petitioner : Mr.A.Mohamedhaneef, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PRAYER :- C-6B. For Bail in Crime no.109 of 2026 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 23.02.2026 for the offences punishable under Sections 296(b), 49, 103(1) and 351(3) of BNS, in Crime No.109 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that during a family function due to a petty quarrel between the first accused and the defacto complainant's husband, the first accused committed murder of the defacto complainant's husband. The petitioner is A3. 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 in judicial custody from 23.02.2026. Hence, he seeks bail to the petitioner.

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4. The learned Additional Public Prosecutor submitted that the petitioner was earlier detained under Act 14 of 1982 and subsequently, it was revoked. The specific allegation against the petitioner is he brought A1 to the scene of occurrence. Hence, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case 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) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Kovilpatti, and on further conditions that :- 3/6

[a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;

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

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

[d] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner is released on bail by the learned Magistrate/Trial Court himself as laid 4/6

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 PJL TO

1. Judicial Magistrate No.2, Kovipatti.

2.The Inspector of Police, Ettayapuram Police Station, Thoothukkudi District.

3. The Superintendent, Central Prison, Palayamkottai.

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.9165 of 2026 Date : 06/05/2026 6/6