Murugan v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Kovilpatti

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.05.2026 PRESENT THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR Murugan

...Petitioner/Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, All Women Police Station Thoothukudi.

(Crime No. 13 of 2026 )

...Respondent/Complainant

For Petitioner : Mr.M.Prabu Advocate.

For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 13 of 2026 on the file of the respondent police. 1/8

ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 20.02.2026 for the offences punishable under Sections 63(a) r/w 64, 351(2) of BNS, 2023 in Crime No. 13 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 31.01.2026 at about 8.00 p.m., when the defacto complainant was doing harvesting work, the petitioner, who is the relative of the defacto complainant, came from behind forcibly took her to the nearby place and forcibly raped her. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that the investigation was completed and charge sheet was filed. He would 2/8

further submit that he has been arrested and remanded to judicial custody on 20.02.2026. Therefore, prayed to grant bail for the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that based on the complaint lodged by the defacto complainant, the case has been registered under Sections 63(a) r/w 64, 351(2) of BNS, 2023 in Crime No. 13 of 2026. He would further submit that the investigation was completed and charge sheet was filed and the same is pending in P.R.C.No.76 of 2026 on the file of the learned Principal Sessions Judge, Thoothukudi and the statement of the victim was recorded. He would further submit that the offences are grave in nature and hence, he strongly opposed to grant bail to the petitioner.

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

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6. Considering the rival submissions made by the learned counsel on either side, nature of offence, and considering the facts that after investigation, charge sheet was filed and the same is pending in P.R.C.No.76 of 2026 on the file of the learned Principal Sessions Judge, Thoothukudi and the statement of the victim was also recorded and considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 - I, Kovilpatti, and on further conditions that:

[b] the petitioner shall report before the respondent police on every Monday at 10.30 a.m., until further orders;

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[c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected;

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

[e] the petitioner 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;

[f] On breach of any of the aforesaid conditions, the learned Judicial 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 5/8

[(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 apd To 1.The Judicial Magistrate, Kovilpatti.

2.The Inspector of Police, All Women Police Station Thoothukudi.

3. The Superintendent, Central Prison, Palayamkottai. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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R.VIJAYAKUMAR, J apd

ORDER

IN CRL OP(MD) No. 9416 of 2026 Date : 20.05.2026 7/8

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