CRL OP(MD). No.4817 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11.03.2026 PRESENT THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN CRL OP(MD)No.4817 of 2026 Balakrishnan ... Petitioner / Sole Accused Versus The State of Tamilnadu, Rep by the Inspector of Police, Kadayanallur Police Station, Tenkasi District. (Crime No.63 of 2026) ... Respondent / Complainant PRAYER :-Criminal Original Petition filed under Section 483 of the BNSS, 2023, to enlarge the petitioner on bail in Crime No.63 of 2026 on the file of the respondent police. For Petitioner : Mr.R.J.Karthick, Advocate For Respondent : Mr.S.Ravi, Additional Public Prosecutor 1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.4817 of 2026 ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 22.02.2026 for the offences punishable under Sections 296(b), 118(1), 109(1) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Sections 294(b), 324, 307 and 506 of IPC), in Crime No.63 of 2026 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that the defacto complainant is the Village Head. It is alleged that on 22.02.2026, the petitioner approached the defacto complainant and requested him to separate his daughter and son-in-law by way of dissolution of their marriage. The defacto complainant advised the petitioner to seek appropriate remedy before a Court of law. Enraged by such advice, the petitioner abused the defacto complainant in filthy language and poured kerosene mixed with chilli powder, which he had in his possession, and attempted to set fire to the defacto complainant using a matchbox. He also threatened the defacto complainant with dire consequences. Hence, based on the complaint given by the defacto complainant, the present case has been registered for the aforesaid offences. 2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.4817 of 2026 3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and that he has not committed any offence as alleged by the prosecution. He further submitted that due to a matrimonial dispute, the petitioner had only requested the villagers to intervene and settle the matter. During the course of such intervention, a wordy altercation arose and, as a result, the petitioner also sustained injuries. Hence, he seeks the grant of bail to the petitioner. 4. The learned Additional Public Prosecutor appearing for the respondent opposed the grant of bail to the petitioner and submitted that the petitioner not only poured kerosene mixed with chilli powder on the defacto complainant but also caused burn injuries to other witnesses. Hence, he objected to the grant of bail to the petitioner. 5. This Court heard the learned counsel appearing on either side and perused the materials placed on record. 6. Considering the fact that the occurrence took place in the course of resolving a matrimonial dispute and also taking into account the period of incarceration already undergone by the petitioner and he is 3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.4817 of 2026 aged about 71 years and he also sustained burn injuries, this Court is inclined to grant bail to the petitioner, subject to certain conditions. 7. Accordingly, the petition is allowed and the 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, Tenkasi District, 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 away from the occurrence place and report before the Inspector of Police, Tenkasi Police Station, Tenkasi District daily at 10.30 a.m until further orders; [c] the petitioner shall not tamper with the evidence or 4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.4817 of 2026 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 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]; and [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. 11.03.2026 pal 5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.4817 of 2026 To 1.The Judicial Magistrate, Tenkasi. 2.The Superintendent, Central Prison, Palayamkottai. 3.The Inspector of Police, Kadayanallur Police Station, Tenkasi District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Copy To The Inspector of Police, Tenkasi Police Station, Tenkasi District. 6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.4817 of 2026 K.K.RAMAKRISHNAN ,J. pal ORDER IN CRL OP(MD) No.4817 of 2026 Date : 11.03.2026 7/7 https://www.mhc.tn.gov.in/judis