C.Mokkasamy v. State Of Tamilnadu Rep By Inspector Of Police, Koodakovil

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL C.Mokkasamy

...Petitioner/Accused

Vs State of Tamil Nadu rep. by The Sub Inspector of Police, Koodakovil Police Station, Koodakovil Madurai.

(Crime No. 51 of 2026)

...Respondent/Complainant

For Petitioner : Mr.S.Selvakumar Advocate.

For Respondent : Mr.G.Ganesh Kumar Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- 1/8

For Bail in Cr.No. 51 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 31.03.2026 for the offences punishable under Sections 296(b), 103(1) of BNS, 2023 in Crime No. 51 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to previous enmity between the defacto complainant's son and the petitioner, on 31.03.2026, the petitioner scolded the defacto complainant's son in abusive words and brutally assaulted him with knife and stick and thereby, caused his death. 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 he has 2/8

been arrested and remanded to judicial custody on 31.03.2026. 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 father of the deceased, the case has been registered under Sections 296(b), 103(1) of BNS, 2023 in Crime No. 51 of 2026. He would further submit that the petitioner has one previous case in similar nature. 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.

6. Considering the rival submissions made by the learned counsel on either side, nature of offence, and there is previous enmity between the parties and as the FIR has been registered on 3/8

31.03.2026, by this time investigation might have been completed and though the petitioner has one previous case, in that case bail was granted to the petitioner and now the same is posted for trial and also 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, Thirumangalam, 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/she is accused, or 4/8

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 [(2005)AIR SCW 5560].

[g] If the accused thereafter absconds, a fresh FIR 5/8

can be registered under Section 269 BNS.

(P D B J) 25.06.2026 apd To 1.The Judicial Magistrate, Thirumangalam.

2.The Sub Inspector of Police, Koodakovil Police Station, Koodakovil Madurai.

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

6/8

P. DHANABAL, J apd

ORDER

IN CRL OP(MD) No. 9534 of 2026 7/8

Date : 25.06.2026 8/8