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Madras High CourtCRL OP(MD)/11941/2026granted

Perumalsamy v. The State Of Tamilnadu Rep.By

2026-06-23Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL Perumalsamy ... Petitioner/Accused Vs The State of Tamilnadu Rep.By, The Inspector of Police, Koppampatti Police Station, Thoothukudi District.

(Cr.No.92/2026).

... Respondent/Complainant For Petitioner : Mr.Naveenkumar S P, For Respondent : Mr.G.Ganesh Kumar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.92/2026 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 02.06.2026 for the offences punishable under Section 25(1A) of Arms Act, in Crime No.92 of 2026, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 02.06.2026 at about 14.00 hours, while the respondent were in patrol duty near Kovilpatti, they found the accused was having long sword and trying to escape on seeing the police. Hence, the complaint.

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 alleged occurrence. The petitioner has been arrested and remanded to judicial custody on 02.06.2026. 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, who is a police official the case has been registered against the accused persons. He would further submit that the petitioner has 17 previous cases at his credit and the offences are grave in nature and 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, though the petitioner has previous cases at his credit, all the cases are not in similar and he has got bail in the previous cases registered against him and considering the fact the no one injured in the occurrence and no complaint received from the public about the alleged occurrence as well as taking into account of the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions: 3/6

[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.II, Kovilpatti, and on further conditions that:

[b] the petitioner shall report before the Judicial Magistrate No.II, Kovilpatti on every Monday at 10.30 a.m., for a period of four weeks, thereafter, as and when required for interrogation before the respondent;

[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 4/6

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) 23.06.2026 PNM TO

1. The Judicial Magistrate No.II, Kovilpatti

2. The Superintendent, Central Jail, Cuddalore

3. The Inspector of Police, Koppampatti Police Station, Thoothukudi District.

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.11941 of 2026 Date : 23/06/2026 6/6