Nirmal Kumar v. State Of Tamilnadu Rep By Inspector Of Police, Oddanchatram

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.9286 of 2026 Nirmal Kumar ... Petitioner/Accused Vs The State of Tamil Nadu, Rep By,The Inspector of Police, Oddanchatram Police Station, Dindigul District.

(Crime No.721 of 2017) ... Respondent/Complainant For Petitioner : Mr.B.Santhanam Rajesh Kumar Advocate For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioner on bail in S.C.No.138 of 2019 in Crime No.721 of 2017 on the file of the learned Additional District Judge (Fast Track Court), Palani, Dindigul District.

ORDER : The Court made the following order :- The petitioner, who is facing trial in S.C.No.138 of 2019 on the file of the learned Additional District Judge (Fast Track Court), Palani, Dindigul District, for the offences under Sections 302 and 506(ii) IPC in Crime No.721 of 2017 on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that due to previous enmity between the deceased and the accused persons, on 31.12.2017, the petitioner, along with other accused persons abused the deceased in filthy language, stabbed him with a knife and also the petitioner herein pelted the stones at him, which resulted in his death. 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 ready and willing to abide by any conditions which may be imposed by this Court. He would further submit that the occurrence is said to have happened in the year 2017 and the charge sheet was filed in the year 2019 and due to his non-appearance, Non Bailable Warrant has been issued against the petitioner on 03.07.2025 and the petitioner was secured only on 19.02.2026. He would further submit that the petitioner is in judicial

custody from 19.02.2026. He would further submit that the petitioner is ready and willing to appear before the trial Court every day till the disposal of the case and hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that there is no previous case against the petitioner. He would further submit that the trial has commenced and the case is posted for hearing on 02.06.2026 before the trial Court. However, he opposed the grant of bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioner is ready and willing to appear before the trial Court for every day till the disposal 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) with two sureties, each for a like sum to the satisfaction of the learned Additional District Judge (Fast Track Court), Palani, Dindigul 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 petitioner shall appear and sign before the learned Additional District Judge (Fast Track Court), Palani, Dindigul District, daily at 10.30 a.m., until further orders.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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 Additional District Judge (Fast Track Court), Palani, Dindigul District.

2. The Officer-in-charge, District Prison, Dindigul, Dindigul District.

3. The Inspector of Police, Oddanchatram Police Station, Dindigul District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

S.SRIMATHY,J.

TSG

ORDER

IN CRL OP(MD) No.9286 of 2026 Date : 06.05.2026