Selvakumar @ Kuttyselva v. The State Of Tamilnadu, Rep. By The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Selvakumar @ Kuttyselva ... Petitioner/Accused Vs The State of Tamilnadu, Rep., By the Inspector of Police,, Alagappapuram Police Station, Sivagangai District.

(Crime No.95/2025).

... Respondent/Complainant For Petitioner : G.Hari Haran, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor For Intervenor/ defacto complainant : Mr.Henri Patrick Tiphange PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-6B. For Bail in Crime No.95 of 2025 on the file of the Respondent Police.

ORDER : The Court made the following order :- 1/6

The petitioner, who was arrested and remanded to judicial custody on 31.10.2025 for the offences punishable under Sections 49, 191(2), 191(3) and 103(1) of BNS, 2023, (Corresponding offences 109, 147, 148 and 302 of IPC) in Crime No.95 of 2025, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant's son Pazhaniappan, an engineer engaged in construction activities near Pon Nagar, was brutally assaulted by three henchmen allegedly at the instigation of Muthuraman, Subbiramani, Santhakumar, Raja, Ganesan, Ramasamy, Ramakrishnan and Arunageethan, due to prior enmity between her son and the said Ramasamy. It is alleged that the de facto complainant rushed to the hospital upon being informed by one Balaji, only to learn that her son had succumbed to a fatal head injury. Hence, the complaint.

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3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 31.10.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner has six previous cases. The specific overt act against the petitioner is, he arranged henchmen. The detention order passed against the petitioner was revoked. However, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of 3/6

Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Karaikudi, and on further conditions that :- [a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;

[b] the petitioner shall stay at Villupuram and shall report before the Inspector of Police, Villupuram Police Station, daily at 10.30 a.m., until further orders; no relaxation petition will be entertained for next two months;

[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[d] the petitioner shall not abscond either during investigation or trial;

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate 4/6

action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner is 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];

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

27.01.2026 PJL To

1. Judicial Magistrate, Karaikudi, Sivagangai District.

2. Do-Through The Chief Judicial Magistrate, Sivagangai District.

3. The Superintendent, Sub Jail, Ramanathapuram.

4. The Inspector of Police, Alagappapuram Police Station, Sivagangai District.

5.The Inspector of Police, Villupuram Police Station, Villupuram.

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

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S.SRIMATHY,J PJL

ORDER

IN CRL OP(MD) No.21340 of 2025 Date : 27/01/2026 6/6