David Ganesan v. State Of Tamilnadu Rep By Inspector Of Police, Kurumbur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Dated : 07.05.2026 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.9401 of 2026 David Ganesan ... Petitioner Vs.

State of Tamil Nadu, Represented by the Inspector of Police, Kurumbur Police Station, Thoothukudi District.

(Crime No.169 of 2026) ... Respondent For Petitioner : Mr.P.Balamurugan For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS, 2023. PRAYER :- For Bail in Cr.No. 169 of 2026 on the file of the respondent police.

ORDER: The Court made the following order :- The petitioner/Accused No.1 , who was arrested and remanded to judicial custody on 02.05.2026 for the offences punishable under Sections 132, 226, 1/5

109(1) of BNS Act 2023 in Crime No.169 of 2026, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner's father-in-law died on 01.05.2026. For the burial of the dead body, the petitioner's family members lodged a complaint before the respondent police on 02.05.2026. While the enquiry was going on, the petitioner/Accused No.1 poured petrol on his body and also spilled petrol on the police personnel and attempted to set himself on fire, which was prevented by the police personnel. Hence, this case.

3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he has been arrested and he is languishing in jail from 02.05.2026. Therefore, he prays for grant of bail.

4. The learned Additional Public Prosecutor appearing for the respondent police opposed for grant of bail on the ground that the investigation is still pending.

5.Considering the facts and circumstances and considering the period of incarceration, this Court is inclined to grant bail to the petitioner on certain conditions.

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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 Judicial Magistrate No.1, Srivaikundam, Thoothukudi District, and on further conditions that, a)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; b)the petitioner shall report before the respondent police daily at 10.30 a.m., for two weeks and thereafter, as and when required for interrogation, until further orders;

c)the petitioner shall not tamper with evidence or witness; d)the petitioner shall not abscond during trial; e)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the 3/5

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 of BNS.

07.05.2026 Nsr TO 1.The Judicial Magistrate No.1, Srivaikundam, Thoothukudi District.

2. The Sub Jail, Srivaikundam, Thoothukudi District.

3.The Inspector of Police, Kurumbur Police Station, Thoothukudi District.

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

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S.SRIMATHY,J Nsr

ORDER

IN CRL OP(MD) No.9401 of 2026 Date : 07.05.2026 5/5