Esakkimuthu v. The State Of Tamilnadu Rep By The Inspector Of Police, Arumuganeri

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL Esakkimuthu ... Petitioner/Accused Vs The State of Tamilnadu Rep By, The Inspector of Police, Arumuganeri Police Station, Thoothukudi.

... Respondent/Complainant For Petitioner : Mr.S.M.Mohan Gandhi, For Respondent : Mr.G.Ganesh Kumar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.336 of 2025 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 15.10.2025 for the offences punishable under Sections 296(b), 103(1), 351(3) of BNS in Crime No. 336 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to previous motive, on 14.10.2025 the petitioner and other accused persons abused the deceased with filthy language, criminally intimidated and murdered him. 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 in this case investigation has been completed and the same is pending for committal before the Magistrate Court. The petitioner has been arrested and remanded to judicial custody on 15.10.2025 and the proceedings under the Tamil Nadu Act 14 of 1982 against the petitioner was revoked by this Court. 2/7

Further submitted that the co-accused has already been enlarged on bail 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. Though the proceedings under Tamil Nadu Act 14 of 1982 has been revoked by this Court, considering the nature of offence, he strongly opposed to grant bail to the petitioner.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 in this case, after completion of investigation the case is under committal stage before the concerned Magistrate Court and further considering the fact that the proceedings under Tamil Nadu Act 14 of 1982 against the petitioner has been revoked by this Court and the co-accused has already 3/7

been enlarged on bail, 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, Tiruchendur, and on further conditions that:

[b] the petitioner shall report before the learned Judicial Magistrate, Tiruchendur 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;

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted 4/7

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) 09.06.2026 PNM 5/7

TO

1. The Judicial Magistrate, Tiruchendur.

2. The Superintendent, Central Prison, Palayamkottai.

3. The Inspector of Police, Arumuganeri Police Station, Thoothukudi.

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.10513 of 2026 Date : 09/06/2026 7/7