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Madras High CourtCRL OP(MD)/11804/2026granted

Hariharan v. The State Of Tamilnadu Rep By The Inspector Of Police, Thoothukudi North

2026-06-22Honourable Mr. Justice P.Dhanabal7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL

1. Hariharan

2. Karthick ... Petitioners/Accused Vs The State of Tamilnadu Rep By the Inspector of Police, Thoothukudi North Police Station, Thoothukkudi District.

(Crime No.609 of 2025).

... Respondent/Complainant For Petitioner : Mr.Karthick T, For Respondent : Mr.N.Balasubramanian, Counsel for State of TN (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To release the petitioner bail in SC.No.169 of 2026 1st Additional District Sessions Judge, at Thoothukudi in Crime No.609 of 2025 on the file of the Respondent.

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ORDER : The Court made the following order :- The petitioners / Accused, who were arrested and remanded to judicial custody on 21.10.2025 for the offences punishable under Sections 103(1), 296(b), 127(2), 190, 191(3) and 61(2) of BNS, in Crime No.609 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that on 21.10.2025 all the accused persons unlawfully assembled with deadly weapons with an intention to cause riot, wrongfully confined the deceased, abused him with filthy languages and commit the offence of murder. Hence, the complaint.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they were falsely implicated in this case and they have not committed any offence as alleged by the prosecution. In this case, already charge sheet has been filed before the concerned Court and the same was numbered as SC No.169 of 2026 on the file of I Additional District and Sessions Court, Thoothukudi. He would further submit that the petitioners have been arrested and 2/7

remanded to judicial custody on 21.10.2025. Therefore, prayed to grant bail for the petitioners.

4. The learned Counsel for State of TN (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. He would further submit that though the investigation has been completed, considering the nature of grave offence and previous antecedents of the petitioners, he strongly opposed to grant bail to the petitioners.

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, nature of offence, and the fact that after completion of investigation, charge sheet was filed before the concerned Court by the prosecution and the same was numbered as SC No.169 of 2026 on the file of I Additional District and Sessions Court, Thoothukudi 3/7

and though the petitioners have previous cases to their credit, the petitioners have got bail in the previous cases registered against them as well as considering the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners subject to the following conditions:

[a] Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Thoothukudi, Thoothukudi District, and on further conditions that:

[b] the petitioners shall report before the learned I Additional District and Sessions Court, Thoothukudi daily at 10.30 a.m., until further orders;

[c] the petitioners shall not commit any offence similar to the offence of which they are accused, or suspected, or of the commission of which they are suspected;

[d] the petitioners shall not abscond either during 4/7

investigation or trial;

[e] the petitioners 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 them 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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) 22.06.2026 PNM 5/7

TO

1. The I Additional District and Sessions Court, Thoothukudi

2. The Judicial Magistrate, Thoothukudi

3. The Superintendent, Sub Jail, Thoothukudi

4. The Inspector of Police, Thoothukudi North Police Station, Thoothukkudi 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.11804 of 2026 Date : 22/06/2026 7/7