Tamilselvan v. State Of Tamilnadu Rep By Inspector Of Police, Thirumayam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.05.2026 PRESENT THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR CRL OP(MD).No.9309 of 2026

1. Tamilselvan S/o. Deeneeswaran

2. Abinesh S/o. Pandi

...Petitioners/Accused Nos.4 & 5

Vs State Of Tamilnadu Rep By Inspector Of Police, Thirumayam Police Station, Pudukkottai district.

Cr.No.76 of 2026.

...Respondent/Complainant

For Petitioners : Mr.M.Ajay Pandian Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.76 of 2026 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioners / Accused Nos.4 & 5, who were arrested and remanded to judicial custody on 18.04.2026 for the offences punishable under Sections 191(2), 191(3), 126(2), 115(2), 140(1) and 103(1) of the BNS, 2023 in Crime No.76 of 2026 on the file of the respondent police, seek bail.

2. The case of the prosecution is that on 16.04.2026, at about 18:30 hours, the son of the defacto complainant, along with his friends, went to Malaiyandikanmi for bathing. At that time, the petitioners and other accused persons are alleged to have assembled at the scene of occurrence with deadly weapons. The accused persons are further alleged to have wrongfully restrained the deceased Loganathan, kidnapped him, and thereafter attacked him with sickles, causing fatal injuries which resulted in his death. Hence the case.

3. The learned Counsel appearing for the petitioners would submit that the petitioners are innocent and that they have been falsely implicated in this case based on the confession of the co-accused. It is 2/6

further submitted that the petitioners have not committed any offence as alleged by the prosecution. He would also submit that the petitioners were arrested and remanded to judicial custody on 18.04.2026. Therefore, he prayed that bail be granted to the petitioners.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the first petitioner herein has five previous cases. He would further submit that the investigation is pending and the offences are grave in nature and hence, he strongly opposed to grant bail to the petitioners.

5. This Court heard both sides and perused the materials available on record.

6. Considering the rival submissions made by the learned counsel on either side, nature of offence, and considering the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners subject to the following conditions: 3/6

[a] Accordingly, the petitioners are ordered to be released on bail on condition to execute 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 Judicial Magistrate, Thirumayam, and on further conditions that: [b] the petitioners shall report before the respondent police on every Monday at 10.30 a.m., until further orders. [c] the petitioners shall not commit any offence similar to the offence of which they are accused, or suspected, or of the commission of which they are suspected;

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

[e] the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

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[f] On breach of any of the aforesaid conditions, the learned Judicial 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].

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

(R V J) 20.05.2026 gvn 5/6

R.VIJAYAKUMAR, J.

gvn To 1.The Judicial Magistrate, Thirumayam 2.The Inspector of Police, Thirumayam Police Station, Pudukotati District.

3. The Officer-in-charge, District Jail, Pudukottai.

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

ORDER

IN CRL OP(MD) No.9309of 2026 Date : 20.05.2026 6/6