Sentamilan Arasu v. State Of Tamilnadu Rep By Inspector Of Police, Avaniyapuram

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.05.2026 PRESENT THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR CRL OP(MD).No.9615 of 2026

1. Sentamilan Arasu S/o. Asaithambi 2.Sivakumar @ Pokku Siva S/o. Kannan 3.Premkumar, S/o. Alagarsamy

...Petitioners/Accused Nos.1,3 & 5

Vs The State Of Tamilnadu Rep By Inspector Of Police, Avaniyapuram Police Station Madurai.

Cr.No.170 of 2026.

...Respondent/Complainant

For Petitioners : Mr.S.Kannan Advocate.

For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS 1/6

PRAYER :- For Bail in Cr.No.170 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners / Accused Nos.1, 3 & 5, who were arrested and remanded to judicial custody on 13.04.2026 for the offences punishable under Sections 270, 296(b), 115(2), 109, 351(3) of BNS and Section 25(1)(a) of Arms Act @ Under Sections 270, 296(b), 115(2), 109, 191(2), 191(3), 351(3) of BNS and Section 25(1)(a) of Arms Act in Crime No.170 of 2026 on the file of the respondent police, seek bail.

2. The case of the prosecution is that, due to previous enmity, on 12.04.2026 at about 01.00 hours, the petitioners and other accused persons, in an intoxicated state and armed with deadly weapons, gathered in front of the defacto complainant's house, abused him in filthy language, and pelted stones at his house. When the said act was questioned by the defacto complainant, the accused persons allegedly assaulted him with an aruval and criminally intimidated him. Hence the case.

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3. The learned Counsel appearing for the petitioners would submit that the petitioners are innocent and that they have been falsely implicated in this case based on the confession of the co-accused. It is further submitted that the petitioners have not committed any offence as alleged by the prosecution. He would also submit that the petitioners were arrested and remanded to judicial custody on 13.04.2026.and they have been in custody for more than 37 days. Hence, he has prayed for the grant of bail.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the injured person was discharged from the hospital. There are no previous cases against the petitioners herein. He would further submit that the investigation is pending and the offences are grave in nature and hence, he strongly opposed to grant bail to the petitioners.

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 period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners subject to the following conditions: [a] Accordingly, the petitioners are ordered to be released on bail on condition to execute 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 Judicial Magistrate No.VI, Madurai, and on further conditions that: [b] the petitioners shall report before the respondent police on every Monday at 10.30 a.m., until further orders. [c] the petitioners shall not commit any offence similar to the offence of which they are accused, or suspected, or of the commission of which they are suspected;

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

[e] the petitioners 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 4/6

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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 gvn 5/6

R.VIJAYAKUMAR, J.

gvn To 1.The Judicial Magistrate No.VI, Madurai.

2.The Inspector of Police, Avaniyapuram Police Station, Madurai.

3. The Officer-in-charge, District Prison, Theni.

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

ORDER

IN CRL OP(MD) No.9615 of 2026 Date : 20.05.2026 6/6