Chellapandi v. State Of Tamilnadu Rep By Inspector Of Police, Usilampatti Town

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.01.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.22749 of 2025 1.Chellapandi 2.Bose ... Petitioners / A1 & A2 Vs The State of Tamilnadu, Rep by the Inspector of Police, Usilampatti Town Police Station, Madurai District.

(Crime No.434 of 2025) ... Respondent / Complainant For Petitioners : Mr.B.Arun For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) Mr.B. Arun for Intervenor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.434 of 2025 on the file of the respondent police.

1/6

ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 15.11.2025 for the offences punishable under Sections 103(1) of the BNS, 2023, in Crime No.434 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the defacto complainant is working as a Village Administrative Officer. It is alleged that the accused persons came to his office, and A1 made a confessional statement. The accused persons are the brother and father of the deceased, Rajapandi. On 15.11.2025, at about 8.30 p.m., the deceased, in a drunken state of mind, demanded a second marriage and quarrelled with A2. At that time, the deceased assaulted A2. Despite efforts by the accused to compromise, the deceased continued to quarrel and assaulted A2 again. Thereafter, with the intention of causing death, the accused attacked the deceased, resulting in the death of deceased on the spot. Hence, the case.

3. The learned counsel for the first petitioner submitted that the first petitioner is innocent person and he has not committed any offences 2/6

as alleged by the prosecution. He further submitted that the second petitioner was already released on bail by this Court on 11.12.2025. However, he submitted that the first petitioner alone has been in judicial custody from 15.11.2025. Hence, he prayed for grant of bail to the first petitioner.

4. The learned Government Advocate submitted that the first petitioner has five previous cases. Accordingly, he opposed the grant of bail to the first petitioner.

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

6. Accordingly, the first petitioner is ordered to be released on bail on executing 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 Court No.I, Usilampatti, Madurai District, 3/6

and on further conditions that :- [a] the first 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 first petitioner shall report before the respondent police daily at 10.30 a.m. for a period of four weeks. He has to co-operate for the investigation. [c] the first petitioner shall not tamper with the evidence or witness either during investigation or trial. [d] the first 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 action against the first petitioner in accordance with law as if the conditions have been imposed and the first 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].

4/6

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

7. In the result, as far as the first petitioner is concerned, this Criminal Original Petition is allowed, subject to the aforesaid conditions. (S S Y J) 09.01.2026 LS To 1.The Judicial Magistrate Court No.I, Usilampatti, Madurai District.

2. The Superintendent, Central Prison, Madurai.

3.The Inspector of Police, Usilampatti Town Police Station, Madurai District.

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

5/6

S.SRIMATHY,J.

LS

ORDER

IN CRL OP(MD) No.22749 of 2025 Date : 09.01.2026 6/6