BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 20/04/2026 CORAM THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No.5932 of 2026 David ... Petitioner/Petitioner/ Accused No.1 Vs State of Tamilnadu Rep by, The Inspector of Police, Kovilpatti East Police Station, Thoothukudi District. (Crime No.495 of 2018) ... Respondent/Complainant PRAYER :- For bail in Crime No.495 of 2018 on the file of the respondent police. For Petitioner : S.Suresh Manickeam, Advocate. For Respondent : Mr.B.Nambi Selvan, Additional Public Prosecutor ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to 1/6 https://www.mhc.tn.gov.in/judis judicial custody on 06.02.2026 for the offences punishable under Sections 302 of IPC (Corresponding Section 103(1) of BSN, 2023), in Crime No.495 of 2018 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that due to previous enmity, on 30.09.2018 at about 16.00 hours, the accused persons are said to have brutally attacked the deceased with an aruval and caused death to him. Hence, this case. 3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit and the alleged occurrence took place in the year 2018 and after a lapse of 8 years, now, the petitioner has been arrested and the petitioner's name was not found in the FIR and only based on the confession of the co-accused, he was implicated in this case and the petitioner has been arrested and remanded to judicial custody on 06.02.2026. Therefore, prayed to grant bail for the petitioner. 4. The learned Additional Public Prosecutor appearing for the respondent would submit that the offence committed by the accused is 2/6 https://www.mhc.tn.gov.in/judis grave in nature and the accused with an intention to murder the deceased brutally attacked him and caused death to him and the investigation is still pending and the petitioner has 2 previous cases. 5. This Court heard both sides and perused the materials available on record. 6. Considering the rival submissions made by the learned counsel on either side, nature of offence, and the alleged occurrence took place in the year 2018 and after a lapse of 8 years, the petitioner has been arrested and implicated in this case and the petitioner is not a named accused in the FIR and only based on the confession of the co-accused, he was implicated in this case and though the petitioner has 2 previous cases, that cases are not similar kind of offences and he was released on bail in those cases and considering the period of incarceration undergone by the petitioner, 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 3/6 https://www.mhc.tn.gov.in/judis 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, Kovilpatti, and on further conditions that: [b] the petitioner shall report before the trial Court on all working days at 10.30 a.m until further orders; [c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she 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 4/6 https://www.mhc.tn.gov.in/judis 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) 20.04.2026 dss To 1.The Judicial Magistrate Court No.I, Kovilpatti. 2.The Inspector of Police, Kovilpatti East Police Station, Thoothukudi District. 3. The Superintendent, Central Prison, Palayamkottai. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis P. DHANABAL,J DSS ORDER IN CRL OP(MD) No.5932 of 2026 Date : 20/04/2026 6/6 https://www.mhc.tn.gov.in/judis