S. Sukumar v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07.05.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.9265 of 2026 S.Sukumar ... Petitioner/A6 Vs The State of Tamilnadu, Rep., by the Inspector of Police, Sankarankovil Town Police Station, Tenkasi District.

(Crime No.59 of 2026) ... Respondent/Complainant For Petitioner : Mr.T.Antony Arul Raj For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.59 of 2026 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 07.02.2026 for the offences punishable under Sections 103(1) and 351(3) of BNS @ 1/6

61(2), 103(1), 351(3) r/w 49 of BNS, in Crime No.59 of 2026, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to previous motive the accused persons intercepted the deceased and attacked him with sickle and sward. Hence, the complaint was lodged.

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. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the main overt act is against A1 to A3. The allegation against the petitioner is that he received weapon used in the said occurrence. The petitioner has one previous case under NDPS Act. 2/6

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.

6.At this juncture, the learned Additional Public Prosecutor submitted that since it is a communal issue, the petitioner may not be allowed to stay in the place of occurrence.

7.Considering the same, this Court is inclined to grant bail to the petitioner subject to the following conditions:

8. 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 learned Judicial Magistrate, Sankarankovil 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 stay in Trichy and report before the cantonment police Station 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 down by the Hon'ble Supreme Court in 4/6

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.

07.05.2026 Rmk TO 1.The Judicial Magistrate, Sankarankovil.

2.The Superintendent, Central Jail, Palayamkottai, Tirunelveli District.

3.The Inspector of Police, Sankarankovil Town Police Station, Tenkasi District.

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

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S.SRIMATHY,J Rmk

ORDER

IN CRL OP(MD) No.9265 of 2026 Date : 07.05.2026 6/6