Kowspandi v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL 1.Kowspandi 2.Aathisivan @ Aathi ... Petitioners/Accused Vs The State of Tamilnadu, The Inspector of Police, Vedasandur Police Station, Dindigul District.
... Respondent/Complainant For Petitioners : Mr.M.Suresh, For Respondent : Mr.G.Ganesh Kumar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.104 of 2026 on the file of the respondent police. 1/7
ORDER : The Court made the following order :- The petitioners / Accused, who were arrested and remanded to judicial custody on 15.03.2026 for the offences punishable under Sections 296(b), 115(2), 109(1), 351(3) of BNS and Section 4 of TNPHW Act and Section 3(1) of TNPPDL Act, in Crime No. 104 of 2026 on the file of the respondent police, seek bail.
2. The case of the prosecution is that due to political enmity, on 14.03.2026 at about 08.50p.m., the petitioners came to the shop of the defacto complainant, abused her in filthy language, threatened her with dire consequences. Hence, the complaint.
3. The learned counsel appearing for the petitioners would submit that on account of political enmity, the petitioners were roped into this case and the petitioners are innocent and not committed any offence as alleged by the prosecution. In this case, injured was already discharged from the hospital and after completion of investigation, charge sheet also filed before the concerned Court. The petitioners have 2/7
been arrested and remanded to judicial custody from the date of arrest and the proceedings under Tamil Nadu Act 14 of 1982 against the petitioners have been revoked by this Court. Therefore, prayed to grant bail for the petitioners.
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. The petitioners have previous cases at their credit. He would further submit that though injured were discharged from the hospital and the proceedings under Tamil Nadu Act 14 of 1982 against the petitioners have been revoked by this Court, considering the stage of investigation and the offences are grave in nature, he strongly opposed to grant bail to the petitioners.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, though the petitioners have previous cases, they were granted bail in the previous cases registered against them, considering the fact that after completion of investigation, charge sheet has been laid before the concerned Court and there was a political enmity between the parties and the injured were discharged from the hospital and also considering the fact that the proceedings under Tamil Nadu Act 14 of 1982 against the petitioners have been revoked by this Court as well as 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, 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 District Munsif cum Judicial Magistrate, Vedasandur, Dindigul District, and on further conditions that:
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[b] the petitioners shall report before the learned District Munsif cum Judicial Magistrate, Vedasandur, Dindigul District daily 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;
[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. 5/7
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) 09.06.2026 PNM TO
1. The District Munsif cum Judicial Magistrate, Vedasandur, Dindigul District
2. Do-Through The Chief Judicial Magistrate, Dindigul District.
3. The Superintendent, Central Prison, Madurai.
4. The Inspector of Police, Vedasandur Police Station, Dindigul District.
5. 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.10503 of 2026 Date : 09/06/2026 7/7