Hiswar v. The State Of Tamilnadu Rep By The Inspector Of Police, Tamil University

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02.07.2026 PRESENT THE HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No. 13009 of 2026 Hiswar

...Petitioner

Vs State of Tamil Nadu rep. by The Inspector of Police, Thanjavur Tamil University Police Station, Thanjavur District.

(Crime No.192 of 2026)

...Respondent/Complainant

For Petitioner : Mr.K.M.Karunakaran Advocate For Respondent : Mr.N.Balasubramanian Counsel for State of TN (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 192 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 20.06.2026, for the offences punishable under Section 303(2) of BNS r/w. 21(4) of MMDR Act, in Crime No.192 of 2026 on the file of the 1/5

respondent police, seeks bail.

2. The case of the prosecution is that on secret information the defacto complainant went to the spot and intercepted the petitioner, who illegally transported the 6 units of gravel sand. 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. The petitioner is in custody from 20.06.2026 and ready to abide any condition imposed by this Court. Hence, he prayed bail for the petitioner.

4. The learned Counsel appearing for the State reiterated the prosecution case and reported that the petitioner has no previous case. Investigation is still pending. The properties were recovered. He opposed the grant of bail to the petitioner.

5. This Court heard both sides and perused the materials available on record.

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6. Considering the facts and circumstances of the case, considering the nature of offence, the petitioner has no previous case and also considering the period of incarceration, I am inclined to grant bail to the petitioner subject to certain conditions.

[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Thanjavur, and on further conditions that:

[b] the petitioner shall report before the learned Judicial Magistrate No.II, Thanjavur, at 10.30 a.m., on all working days for a period of three weeks, 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 3/5

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 51730]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(K R S J) 02.07.2026 TM To 1.The Judicial Magistrate No.II, Thanjavur.

2.The Inspector of Police, Thanjavur Tamil University Police Station, Thanjavur District. (Crime No.192 of 2026) 3.The Superintendent, Sub Jail, Thanjavur.

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

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K. RAJASEKAR, J.

TM

ORDER

IN CRL OP(MD) No. 13009 of 2026 Date : 02.07.2026 5/5