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Madras High CourtCRL OP(MD)/764/2026granted

Kaleeswaran v. The State Of Tamilnadu Rep. By

2026-04-06Honourable Mr. Justice P.Dhanabal9 pages

Crl.O.P.(MD) No.764 of 2026 P.DHANABAL , J., Today the matter is posted under the caption 'for being mentioned' at the instance of the learned counsel for the petitioner. He pointed out that in the order passed by this Court dated 06.04.2026, in para 7(b), the name of the Court, namely, Fast Track Mahila Court, Sivagangai has been omitted.

2. This Court has perused the records and the learned Government Advocate (Crl.Side) also admitted that the petitioner has a case in Fast Track Mahila Court, Sivagangai in S.C.No.39 of 2024 and he has to appear before that court for hearing and appropriate corrction may be ordered.

3. In view of the same, para 7(b) is altered as follows: " the petitioner shall stay at Krishnagiri and report before the learned Principal District Judge, Krishnagiri on all working days at 10.30 a.m., and 5.30 p.m., until further orders except the date of hearing before the Special Court for the Exclusive trial of cases under SC/ST Act cases, Tiruvarur and Fast Track Mahila Court, Sivagangai."

4. Registry is directed to carry out the amendment and issue a fresh order copy. 09.04.2026 apd Note: Issue on 10.04.2026.

P.DHANABAL , J., apd Crl.O.P.(MD) No.764 of 2026 09.04.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 764 of 2026 Kaleeswaran

...Petitioner/Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, Kalaiyarkovil Police Station Sivagangai District (Crime No.333 of 2000 )

...Respondent

For Petitioner : Mr.Vignesh For Intervenor : Mr.M.Rajarajan For Respondent : Mr.B.Nambiselvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.482 of BNSS PRAYER :- For Bail in Cr.No.333 of 2000 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/accused, who was arrested and remanded judicial custody on 01.09.2024 for the offences punishable under Sections 147, 148, 341, 324, 506(ii), 307 and 302 of IPC @ 147,148,341,506(ii),307,34,302 and 149 of IPC in Crime No. 333 of 2000 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that one Pannerselvam,President of Udakulam Panchayat has misappropirated the panchayat funds which was taken to the knowledge of the authorities by the deceased in this case. The Panchayat President was also removed from that post. On that motive the said Panner selvam along with other accused persons had attacked the deceased and murdered him and further one Sudhagar who is the brother of the deceased also sustained grevious injuries. Hence the case.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and a false case has been registered as against the petitioner. He would further submit that in this case investigation has been completed and final report also filed before the concerned Court. He would further submit that after filing of charge sheet due to life threat there are criminal cases registered as against him and he was also arrested. He would further submit that there are previous cases pending against the petitioner and he was acquitted in most of the cases. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent police would submit that due to previous motive all the accused persons assembled together and murdered the deceased and also one person sustained grievous injuries. He would also submit that the earlier the petitioner was granted bail and thereafter due to continuous threat made by the petitioner herein this Court had cancelled the bail granted to the petitioner and thereafter he was remanded to judicial custody. Further the earlier petitions submitted by the petitioner was dismissed by this Court and the petitioner is a history sheeted rowdy and having 15 cases to his credit.. Hence , he opposes to grant bail to the petitioner.

5. The learned counsel appearing for the intervenor would submit that she is the wife of the deceased and the accused persons had assaulted her husband due to which he died and the brother of her husband also sustained injuries. He would further submit that the wife of the deceased and her father are the eyewitnesses to the murder of her husband and after the murder of her husband the petitioner herein fled to Tiruvarur District and indulged in similar kind of offences. He would further submit that 14 previous cases are pending against the petitioner herein Tiruvarur District and one case is pending in Nannilam Police Station for the offence under Section 302 of IPC. The petitioner herein continuously threatened the petitioner and her father and one Sudhaharan who are the main witnesses in this case and fearing harm the defacto complainant made a representation to the Superintendent of Police, Sivagangai District on 21.01.2011seeking action against the accused persons and to

give police protection to the defacto complainants' family, Since no action was taken the defacto complainant filed a petition before this Court for speedy disposal of the case in SC No.05 of 2005 on the file of the Principal District and Sessions Court, Sivagangai and this Court taking into consideration the entire facts had cancelled the bail granted to the petitioner herein. He would further submit that on 22.10.2016 the father of the defacto complainant appeared before the trial Court for deposing wherein after chief examination was completed the petitioner herein and his own brother who is an advocate threatened the father of the defacto complainant within the court premises to run away from the cross examination. Further on 18.10.2021 when the defacto complainant and her father were in their house the petitioner herein threatened them not to depose before the Court . Again also the accused persons threatened the defacto complainant and her father not to give evidence, thereby he strongly objected to grant bail to the petitioner.

6. Heard both sides and perused the materials available on record.

7. Considering the rival submissions made by the learned counsel on either side and also the considering the fact that the investigation has been completed and final report has been filed before the concerned Court and the case stands posted for examination of witnesses and also taking into consideration the period of incarceration, this Court is inclined to grant bail to the petitioner subject to the following conditions:

[a] Accordingly, 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 Principal Sessions Judge, Sivagangai and on further conditions that:

[b] the petitioner shall stay at Krishnagiri and report before the learned Principal District Judge, Krishnagiri on all working day at 10.30 a.m.,and 5.30 pm., until further orders except the date of hearing before the Special Court for the Exclusive trial of cases under SC/ST Act cases, Tiruvarur [c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he 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 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 5560].

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

(P D B J) 06.04.2026 aav To 1.The Principal Sessions Judge, Sivagangai

2. The Principal District Court, Krishnagiri 3.The Inspector of Police, Kalaiyarkovil Police Station Sivagangai District

4. The Superintendent, Central Prison, Madurai 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

P. DHANABAL, J aav

ORDER

IN CRL OP(MD) No. 764 of 2026 Date : 06.04.2026