Daison v. State Of Tamilnadu Through Its The Sub-Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/05/2026 PRESENT The HONOURABLE MR. JUSTICE R.VIJAYAKUMAR Daison ... Petitioner/Accused Vs State of Tamilnadu Through the Sub-Inspector of Police, South Police Station, Thoothukudi (In Cr.No. 330 / 2026)..

... Respondent/Complainant For Petitioner : Mr.A.Mohamed Arif, For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 330 of 2026 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested on 09.03.2026 for the offences punishable under Sections 194 BNS @ 103(1) of BNS Act, in Crime No.330 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner and the deceased were brothers and due to wordy quarrel between the family members, on 08.03.2026 at about 04.30 p.m., the petitioner murdered the deceased. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any such offence as alleged by the prosecution. He has been falsely implicated in this case. He has no previous case at his credit. He would further submit that he has been arrested and remanded to judicial custody on 09.03.2026. Therefore, prayed to grant bail for the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that based on the complaint lodged by the mother 2/6

of the deceased, the present case has been registered and on enquiry, it was found that the petitioner had murdered the deceased, who was his own brother. He would further submit that the investigation is still pending, the offences are grave in nature and hence, he strongly opposed the grant of bail to the petitioner.

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 period of incarceration undergone by the petitioner, 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 Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Thoothukudi, 3/6

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.

[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 4/6

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 No.I, Thoothukudi

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

3. The Superintendent, District Jail, Thoothukudi

4. The Sub-Inspector of Police,, South Police Station, Thoothukudi

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.9571 of 2026 Date : 20/05/2026 6/6