Mariselvam v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL Mariselvam ... Petitioner/Accused Vs The State of Tamilnadu, Rep By,The Inspector of Police, Cheranmahadevi Police Station, Tirunelveli District.

Cr.No.334/2026..

... Respondent/Complainant For Petitioner : Mr.Muthuram R, For Respondent : Mr.G.Ganesh Kumar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.334 of 2026 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 01.06.2026 for the offences punishable under Sections 296(b), 132, 351(3) of BNS and Section 25(1A) of Arms Act in Crime No. 334 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 01.06.2026, while the respondent Police were conducting patrol duty, the accused was found in possession of sickle, abused the respondent police in filthy language and threatened them with dire consequences, thereby, prevented them from discharging their official duty. 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. No one injured in the occurrence. The petitioner has been arrested and remanded to judicial custody on 01.06.2026. Therefore, prayed to grant bail for the petitioner.

2/6

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. He would further submit that the petitioner has previous cases and the investigation is pending and also the offences are grave in nature. Hence, 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 no one injured in the occurrence and further considering the fact that though the petitioner has 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 3/6

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, Cheranmahadevi, Tirunelveli District, and on further conditions that:

[b] the petitioner shall report before the learned Judicial Magistrate, Cheranmahadevi, Tirunelveli District on every Monday at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation. [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 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;

4/6

[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) 15.06.2026 PNM TO

1. The Judicial Magistrate, Cheranmahadevi, Tirunelveli District

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

3. The Superintendent, Sub Jail, Ambasamudram, Tirunelveli District.

4. The Inspector of Police, Cheranmahadevi Police Station, Tirunelveli District.

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

5/6

P. DHANABAL,J PNM

ORDER

IN CRL OP(MD) No.11106 of 2026 Date : 15/06/2026 6/6