Crl.O.P.(MD)No.10236 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 10236 of 2026 Esakkimuthu Alias Bose ...Petitioner Vs State of Tamil Nadu rep. by The Inspector of Police, Srivaikundam Police Station, Thoothukudi District. (Crime No.445 of 2025) ...Respondent/Complainant For Petitioner : Mr.S.Manojkumar Advocate. For Respondent : Mr.G.Ganesh Kumar Government Advocate (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 445 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 14.11.2025, for the offences punishable under Sections 108, 126(2), 296(b), 351(3) of BNS, in Crime No.445 of 2025 on the file of the respondent 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.10236 of 2026 police, seeks bail. 2. The case of the prosecution is that on 11.10.2025, the petitioner waylaid the defacto complainant's father and abused him in filthy language and abetted him to commit suicide. In the result the same he consumed pesticide and admitted in the hospital. However, he passed away. Hence, the 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. Hence, he prayed bail for the petitioner. 4. The learned Government Advocate (crl. Side) appearing for the respondent would submit that the offence are grave in nature. The petitioner abused the defacto complainant's character with her father and also abused their family members. The words of the petitioner instigated the deceased to commit suicide. Investigation has been completed and charge sheet has also been filed before the concerned Court. The petitioner has 27 previous cases. Out of which three cases are for the offence under Section 302 IPC. He opposed the grant of bail to the petitioner. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.10236 of 2026 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, considering the nature of charges levelled against the petitioner, investigation has been completed, charge sheet has also been filed before the concerned Court, now the case is pending for framing charges, though the prosecution has stated that the petitioner has 27 previous cases including murder cases, in all cases he was already granted bail, 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 Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Srivaikundam, and on further conditions that: [b] the petitioner shall report before the learned Judicial Magistrate No.I, Srivaikundam, daily at 10.30 a.m., until further orders: 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.10236 of 2026 [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 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) 05.06.2026 TM To 1.The Judicial Magistrate No.I, Srivaikundam. 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.10236 of 2026 2.The Inspector of Police, Srivaikundam Police Station, Thoothukudi District. (Crime No.445 of 2025) 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 Crl.O.P.(MD)No.10236 of 2026 P. DHANABAL, J. TM ORDER IN CRL OP(MD) No. 10236 of 2026 Date : 05.06.2026 6/6 https://www.mhc.tn.gov.in/judis