Jeyapal@ Jai v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Srivaikundam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03/07/2026

CORAM

THE HONOURABLE MR. JUSTICE K. RAJASEKAR Jeyapal @ Jai ... Petitioner/Sole Accused Vs State of Tamilnadu Rep by, The Inspector of Police, All Women Police Station, Srivaikundam, Thoothukkudi District.

(Crime No. 20 of 2026). ... Respondent/Complainant PRAYER :- For Bail in Crime No. 20 of 2026 on the file of the Respondent Police.

For Petitioner : Vikraman S, Advocate.

For Respondent : Mr.T.Lenin Kumar, Counsel For State of TN (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody 1/6

on 01.06.2026 for the alleged offence under Sections 123, 318(2), 70(1), 351(2) of BNS Act, 2023, in Crime No.342 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant and the petitioner/1st accused belonged to the same political party. On 03.05.2026 at about 03.00 p.m, the petitioner promised the defacto complainant to arrange a job for her and they proceeded to meet the 2nd accused. While travelling in the Car, the petitioner gave a soft drink to the defacto complainant and after consuming the same, she suffered dizziness. Thereafter, the petitioner and the defacto complainant waited in the lodge in Ervadi, Ramanathapuram for the arrival of the 2nd accused. During the night hours, both the accused committed the offence of rape on the defacto complainant and also threatened her. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this 2/6

case. He further submitted that similarly placed accused, who is ranked as A1 has already been granted bail by this Court in Crl.OP(MD)No. 11980 of 2026 dated 23.06.2026 and the petitioner has no bad antecedents and he is in custody from 01.06.2026 onwards. Hence, he prayed for grant of bail to the petitioner.

4. The learned Counsel For State of TN (Crl.Side) appearing for the respondent police reiterated the prosecution case and reported that the investigation was completed and final report was filed before the concerned jurisdictional Court and the same is pending for committal. He further submitted that the petitioner has no bad antecedents and similarly placed accused has already been released on bail by this Court. However, he opposed to grant bail to the petitioner.

5. I have gone through the FIR and also the connected materials.

6. Considering the nature of allegations against the petitioner, and also considering the facts that already investigation was completed and final report was filed before the concerned jurisdictional Magistrate and 3/6

similarly placed accused has already been released on bail by this Court and the petitioner has no bad antecedents and also the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Srivaikundam, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the learned Judicial Magistrate No.I, Srivaikundam daily at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation; [c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the 4/6

petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 03.07.2026 dss To:

1. The Judicial Magistrate No.I, Srivaikundam.

2. The Inspector of Police, All Women Police Station, Srivaikundam, Thoothukkudi District.

3.The Superintendent, Sub Jail, Srivaikundam. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

K. RAJASEKAR,J DSS

ORDER

IN CRL OP(MD) No.13246 of 2026 Date : 03/07/2026 6/6