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Madras High CourtCRL OP(MD)/10069/2026granted

S.Pitchaikani v. The State Of Tamilnadu

2026-06-04Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL

1. S.Pitchaikani

2. P. Karnan ... Petitioners/Accused Vs The State of Tamilnadu, The Inspector of Police, Karivalamvandanallur Police Station, Tenkasi District.

(Crime No. 142 of 2026).

... Respondent/Complainant For Petitioners : M/s.Karthick Durai Pandian.B, For Respondent : Mr.G.Ganesh Kumar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 142 of 2026 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioners / Accused, who were arrested and remanded to judicial custody on 19.05.2026 for the offences punishable under Sections 296(b), 115(2), 109, 351(3) of BNS, 2023, in Crime No.142 of 2026 on the file of the respondent police, seek bail.

2. The case of the prosecution is that due to previous enmity, on 19.05.2026, at about 09.00 p.m., the accused assaulted the defacto complainant and the 1st accused stabbed the defacto complainant with knife and the 2nd accused threatened and assaulted him. Hence, the complaint.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they were falsely implicated in this case and they have not committed any offence as alleged by the prosecution. He would further submit that the petitioners have been arrested and remanded to judicial custody on 19.05.2026 and the injured was discharged from the hospital. Therefore, prayed to grant bail for the petitioners.

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4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that based on the complaint lodged by the defacto complainant, the case has been registered against the accused persons. He would further submit that the investigation is pending and the offences are grave in nature. Hence, he strongly opposed to grant bail to the petitioners.

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, considering the period of incarceration undergone by the petitioners and the injured was discharged from the hospital and also the fact that the first petitioner has no previous case and though the second petitioner has previous cases, he was granted bail in those cases, this Court is inclined to grant bail to the petitioners subject to the following conditions: 3/6

[a] Accordingly, this Criminal Original Petition is allowed and 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 learned Judicial Magistrate, Sankarankovil, and on further conditions that: [b] the petitioners shall report before the respondent police 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 such facts to the Court or to any police officer or tamper with the evidence;

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[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.

(P D B J) 04.06.2026 PNM TO

1. The Judicial Magistrate. Sankarankovil

2. The Superintendent, Central Prison, Palayamkottai, Tirunelveli.

3. The Inspector of Police, Karivalamvandanallur Police Station, Tenkasi District.

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

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P. DHANABAL,J PNM

ORDER

IN CRL OP(MD) No.10069 of 2026 Date : 04/06/2026 6/6