C.Sermalaiyandi v. State Of Tamilnadu Rep By Inspector Of Police, Kadamalaikundu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/05/2026 PRESENT The HONOURABLE MR. JUSTICE K.MURALI SHANKAR C.Sermalaiyandi ... Petitioner/Accused Vs State of Tamilnadu Rep by Inspector of Police, Kadamalaikundu Police Station, Theni District.

Crime No.240 of 2026.

... Respondent/Complainant For Petitioner : Mr.P.Vetrivel For Respondent : Mr.D.Venkatesh, Counsel for State of TN (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime no.240 of 2026 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner/A.3, who was arrested and remanded to judicial custody on 11.04.2026 for the offences punishable under Sections 296(b), 115(2), 118(1) and 109(1) of BNS @ 296(b), 103(1) of BNS, in Crime No.240 of 2026, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the defacto complainant is the brother of the deceased. It is alleged that the deceased and wife of A1 were in a relationship and, due to the resultant enmity, on 10.04.2026 at about 08.00 p.m., the accused persons abused the deceased in filthy language and assaulted him using a beer bottle and a knife, thereby, causing his death. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He has no previous cases at his credit. He would further submit that the co-accused was already granted bail by this Court. Therefore, prayed to grant bail for the petitioner. 2/6

4. The learned Counsel for State of Tamil Nadu (Crl.Side) appearing for the respondent would submit that due to the assault made by the accused persons, the deceased died. He would further submit that the investigation is pending in this case and the offences are grave in nature and hence, he strongly opposed to grant bail to the petitioner. 5.Considering the above facts and circumstances, nature of offence levelled against the petitioner and also the facts that the petitioner is in judicial custody from 11.04.2026, that the co-accused was already enlarged on bail by this Court and that the petitioner is not having any bad antecedents, this Court is inclined to grant bail to the petitioner subject to the following conditions: 6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Aundipatti.

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(i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii)the petitioner shall stay at Trichy and report before the Cantonment Police Station daily at 10.30 a.m., until further orders;

(iii)the petitioner shall not tamper with evidence or witness;

(iv)the petitioner shall not abscond during trial; (v)On breach of any of the aforesaid conditions, the learned 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];

(vi)If the accused thereafter abscond, a fresh FIR can be registered under Section 269 BNS, 2023. (K M S J) 27.05.2026 PNM 4/6

TO

1. The Judicial Magistrate. Aundipatti

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

3. The Superintendent, District Jail, Theni District.

4. The Inspector of Police, Kadamalaikundu Police Station, Theni District.

4. The Inspector of Police, Villupuram Town Police Station, Villupuram District.

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

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K.MURALI SHANKAR,J PNM

ORDER

IN CRL OP(MD) No.9845 of 2026 Date : 27/05/2026 6/6