Esakki Mariselvam v. State Of Tamilnadu Rep By Inspector Of Police, Tirunelveli Taluk

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 11299 of 2026 Esakki Mariselvam

...Petitioner

Vs State of Tamil Nadu rep. by The Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli District.

(Crime No.359 of 2026)

...Respondent/Complainant

For Petitioner : Mr.R.Muthuram Advocate For Respondent : Mr.G.Ganesh Kumar Government Advocate (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 359 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 28.05.2026, for the offences punishable under Sections 109(1), 296(b) & 351(3) of BNS and Section 25(1A) of Arms Act, in Crime No.359 of 1/6

2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 28.05.2026, the accused persons demanded money from the defacto complainant. When the defacto complainant denied the same, they showing the sickle and threatened him with dire consequences and also abused him in filthy language. 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. There is no specific overt act against the petitioner. There is no injury in this case. Hence, he prayed bail for the petitioner.

4. The learned Government Advocate (crl. Side) appearing for the respondent would submit that the offence are grave in nature. There is tension prevailing in that area. Therefore, police picketing has also been arranged in that locality. The petitioner has two previous cases. Investigation has been completed and charge sheet has also been filed before the concerned Court. Hence, he opposed the grant of bail to the petitioner. 2/6

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, considering the nature of charges levelled against the petitioner, and nobody injured in this case, though the learned Government Advocate (Crl. Side) strongly opposed the grant of bail to the petitioner on the ground that the tension is prevailing in that locality and police picketing has also been arranged, though the petitioner has two previous cases, in those cases he was already granted bail and considering 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, 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.III, Tirunelveli, and on further conditions that:

[b] the petitioner shall report before the learned Judicial Magistrate No.I, Madurai, at 10.30 a.m., on all working days, until further orders:

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[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 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 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) 17.06.2026 TM To 1.The Judicial Magistrate No.III, Tirunelveli. 4/6

2.The Judicial Magistrate No.I, Madurai.

3.The Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli District. (Crime No.359 of 2026) 4.The Superintendent, Central Prison, Palayamkottai. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 11299 of 2026 Date : 17.06.2026 6/6