Sivasubramanian v. The State Of Tamilnadu
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.9260 of 2026 1.Sivasubramanian 2.Puliyuran ... Petitioners/ Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Karivalamvanthanallur Police Station, Tenkasi District.
(Crime No.50 of 2026) ... Respondent/Complainant For Petitioners : Mr.M.Arumugam For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For Intervener : Mr.P.Sathish Kumar PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.50 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 09.03.2026 for the offences punishable under Sections 296(b), 61(2), 103 and 351(3) of BNS, 2023 in Crime No.50 of 2026 on the file of the respondent police, seek bail.
2. The case of the prosecution is that the occurrence took place on 09.03.2026. It is alleged that the accused persons, along with Accused Nos.3 and 4, conspired to murder the father of the defacto complainant. On the date of occurrence, when the deceased had taken his goats for grazing and was sitting on his motorcycle, Accused Nos.3 and 4, allegedly acting on the instigation of Accused Nos.1 and 2, murdered the father of the defacto complainant and also threatened the defacto complainant.
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 09.03.2026. He further submitted that there is no specific overt act against accused Nos.1 and 2. Hence, he seeks bail to the petitioners.
4. The learned Additional Public Prosecutor submitted that there are two previous cases pending against the petitioners. He further submitted that as this is a case of murder, he opposed to grant bail to the petitioners herein.
5. The learned counsel appearing for the intervener submitted that already there was a civil dispute between the parties and based on the retaliation, the petitioners along with other accused persons committed murder of the deceased person. Hence, he vehemently opposed to grant bail to the petitioners.
6. Taking into consideration the facts and circumstances of the case and also considering the fact that there is civil dispute between the parties 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:
7. 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, Sankarankovil, Tenkasi 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 stay at Trichy and appear and sign before the Inspector of Police, Trichy Cantonment Police Station, Trichy 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, Sankarankovil, Tenkasi. 2.The Superintendent of Prison, Central Jail, Palayamkottai. 3.The Inspector of Police, Karivalamvanthanallur Police Station, Tenkasi District.
4.The Inspector of Police, Trichy Cantonment Police Station, Trichy. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
S.SRIMATHY,J.
TSG
ORDER
IN CRL OP(MD) No.9260 of 2026 Date : 06.05.2026