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Madras High CourtCRL OP(MD)/9559/2026granted

N.Dinesh v. State Of Tamilnadu Rep By Inspector Of Police, Melur

2026-05-20Honourable Mr Justice R.Vijayakumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/05/2026 PRESENT The HONOURABLE MR. JUSTICE R.VIJAYAKUMAR N.Dinesh ... Petitioner/Accused Vs State of Tamilnadu Rep by Inspector of Police, Melur Police Station, Madurai District, Crime No.72/2026.

... Respondent/Complainant For Petitioner : Mr.S.Ramsundarvijayraj, For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.72/2026 on the file of the respondent police 1/6

ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 19.04.2026 for the offences punishable under Section 103(1) @ 103(1), 191(2) of BNS, 2023, in Crime No.72 of 2026 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the defacto complainant is the wife of deceased Rajkumar. On 07.02.2026, at about 08.00 a.m., on receipt of phone call from one Muthupandi, the defacto complainant went to the place of occurrence and found her husband dead with many injuries all over his body. The defacto complainant suspects that due to previous enmity, accused persons might have been committed murder of the deceased. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he was falsely implicated in this case and he is no way connected in the above said incident. He would further submit that based on the confession of co-accused, the petitioner's name has been implicated and he is not named accused in the FIR. Co-accused 2/6

has already been enlarged on bail. The petitioner has been arrested and remanded to judicial custody on 19.04.2026. Hence, he prays to grant bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent Police would submit that the investigation is pending and the offences are grave in nature. Hence, he strongly opposed to grant bail to the petitioner. However, the petitioner has no previous cases.

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

6. Considering the rival submissions made by the learned counsel on either side, nature of offence, and considering the fact that based on the confession of co-accused, the petitioner's name has been implicated and he is not named accused in the FIR and even as per the prosecution, FIR has been registered based on the suspicious circumstances and as the date of FIR is 08.02.2026, by this time material part of the investigation might have been completed and the petitioner has no previous cases and 3/6

also considering the period of incarceration undergone by the petitioner from 19.04.2026, this Court is inclined to grant bail to the petitioner subject to the following conditions:

[a] Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail on condition to execute a bond for a sum of 4/8 Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Melur, and on further conditions that: [b] the petitioner shall report before the respondent Police daily at 10.30 a.m.,until further orders.

[c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he 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 4/6

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 [(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 PNM TO

1. The Judicial Magistrate. Melur

2. Do-Through The Chief Judicial Magistrate, Madurai District.

3. The Superintendent, Central Prison, Madurai

4. Inspector of Police, Melur Police Station, Madurai District,

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

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R.VIJAYAKUMAR,J PNM

ORDER

IN CRL OP(MD) No.9559 of 2026 Date : 20/05/2026 6/6