Premshankar v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL Premshankar ... Petitioner/Accused Vs The State of Tamilnadu Rep.By, The Inspector of Police, Kayathar Police Station, Thoothukudi District (Cr.No.153 of 2024). ... Respondent/Complainant For Petitioner : Dr.R.Alagumani, For Respondent : Mr.G.Ganesh Kumar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To release the Petitioner on bail relating to the case in S.C.NO.177 of 2024 pending before the I Additional Sessions Court, Thoothukudi in CrNO.153 of 2024 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 28.04.2024 for the offences punishable under Sections 294(b), 307, 324 and 506(ii) IPC @ Sections 294(b), 302 and 506(ii) IPC in crime No.153 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 28.04.2024 at about 07.00a.m., it was alleged that the defacto complainant was received information that her husband was admitted in the Hospital and when she rushed to the hospital, her husband informed her that the accused persons assaulted him. Later, he succumbed to injuries. 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 co-accused have already been enlarged on bail by this Court. This is the second petition for bail. Now 2/7

the case is posted for trial before the I Additional Sessions Court, Thoothukudi in SC No.177 of 2024. The petitioner has been arrested and remanded to judicial custody on 28.04.2024. 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. The petitioner has 21 previous cases. He would further submit that the though investigation has been completed, considering the nature of grave offence and previous antecedents of the petitioner, 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 already trial has commenced and posted for examination of 3/7

witnesses and the co-accused have already been enlarged on bail and further considering the fact that though the petitioner has 21 previous cases at his credit, 7 cases were already disposed of and in the remaining cases, he has already been granted bail, as well as the long 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 No.II, Kovilpatti, and on further conditions that:

[b] the petitioner shall report before the I Additional Sessions Court, Thoothukudi daily at 10.30 a.m., and 05.00 p.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 4/7

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;

[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) 25.06.2026 PNM 5/7

TO

1. The I Additional Sessions Judge, Thoothukudi

2. The Judicial Magistrate No.II, Kovilpatti.

3. The Superintendent, Central Prison, Palayamkottai

4. The Inspector of Police, Kayathar Police Station, Thoothukudi 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.12369 of 2026 Date : 25/06/2026 7/7