Kumar v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL Kumar ... Petitioner/Accused Vs The State of Tamilnadu Rep., By, the Inspector of Police, Kovilpatti East Police Station, Thoothukudi District (Crime No. 242 of 2026).

... Respondent/Complainant For Petitioner : Mr.V.Kathirvelu, Senior Cousel for Mr.K. Prabhu, For Respondent : Mr.G.Ganesh Kumar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 242 of 2026 on the file of the respondent police... 1/7

ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 28.02.2026 for the offences punishable under Sections 296(b), 126(2), 118(1), 109(1), 351(3) @ 126(2), 296(b), 118(1), 109(1), 103(2), 61(2), 49 and 351(3) of BNS Act in Crime No. 242 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 26.02.2026 at about 08.00 p.m., the petitioner along with other accused wrongfully restrained the deceased near Muthulakshmi Parotta Kadai, Shankaralingapuram, Kovilpatti abused him in a filthy language, assaulted him with a knife, thereby, he succumbed to the injuries. 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 the co-accused has already been enlarged on bail and in this case, investigation has been completed 2/7

and charge sheet also filed before the concerned Court. The petitioner has been arrested and remanded to judicial custody on 28.02.2026. Therefore, prayed to grant bail for the petitioner.

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 petitioner has 12 previous cases. He would further submit that though the investigation has been completed, considering the nature of grave offence, 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, the nature of the offence and the fact that the coaccused has already been enlarged on bail and after completion of investigation, charge sheet has already been filed before the concerned Court and also considering the fact that though the petitioner has 3/7

previous cases to his credit, he has already been granted bail in those cases, as well as 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, this Criminal Original Petition is allowed and 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 No.I, Kovilpatti, and on further conditions that:

[b] the petitioner shall report before the Judicial Magistrate No.I, Kovilpatti 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 suspected, or of the commission of which he/she is suspected;

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

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[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 him 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 can be registered under Section 269 BNS.

(P D B J) 08.06.2026 PNM 5/7

TO

1. The Judicial Magistrate No.I, Kovilpatti

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

3. The Superintendent, Central Prison, Palayamkottai

4. The Inspector of Police, Kovilpatti East Police Station, Thoothukudi 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.10312 of 2026 Date : 08/06/2026 7/7