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Madras High CourtCRL OP(MD)/9428/2026granted

Rajasekar v. State Of Tamilnadu Rep By Inspector Of Police, Theni

2026-05-13Honourable Mr Justice K.K. Ramakrishnan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 13/05/2026

CORAM

THE HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN Rajasekar ... Petitioner/Accused No.9 Vs State of Tamilnadu Rep by, The Inspector of Police, Theni Police Station, Theni District.

(Crime No.114 of 2026).

... Respondent/Complainant PRAYER :- For Bail in Crime No. 114 of 2026 on the file of the Respondent Police.

For Petitioner : Mr.P.Senguttuarasan, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody 1/6

on 18.04.2026 for the offences punishable under Sections 61(2) and 103(1) of BNS, 2023 @ 103(1),296(b), 49 and 61(2) of BNS, 2023, in Crime No.114 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that deceased lent money to A1 for which, he pledged his property and subsequently, the deceased has taken the property through Civil Court decree. Due to this motive, the accused persons murdered the deceased. 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's name is not mentioned in the FIR and based on the confession of the coaccused, he was falsely implicated in this case. He further submitted that the co-accused were released on bail in Crl.OP(MD)No.5612 of 2026 on 07.04.2026 and A7 & A8 were released on anticipatory bail by this Court in Crl.OP(MD)No.3807 of 2025 on 23.02.2026 and the petitioner is in judicial custody from 18.04.2026. Hence, he seeks bail to the petitioner. 2/6

4. The learned Additional Public Prosecutor submitted that due to money dispute, the accused persons murdered the deceased. He further submitted that the petitioner is the main accused and he along with A1 conspired together and committed murder of the deceased. Hence, he opposed for grant of bail to the petitioner. However, he fairly conceded that the co-accused were already released on bail and anticipatory bail by this Court.

5. Taking into consideration of the facts and circumstances of the case and also considering the facts that the co-accused were already released on bail and anticipatory bail by this Court 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) each with two sureties, each for a like sum to the satisfaction of the 3/6

learned Judicial Magistrate, Theni, and on further conditions that :- [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 report before the respondent Police 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 P.K.Shaji vs. State of Kerala 4/6

[(2005)AIR SCW 5560];

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

13.05.2026 TA TO 1.The learned Judicial Magistrate, Theni.

2. The Inspector of Police, Theni Police Station, Theni District.

3. The Superintendent, District Jail, Theni.

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

5/6

K.K. RAMAKRISHNAN,J., TA

ORDER

IN CRL OP(MD) No.9428 of 2026 Date : 13/05/2026 6/6