Mariswaran v. The State Of Tamilnadu Rep By The Inspector Of Police, Kallikudi
CRL OP(MD)/11964/2026 · 2026-06-23
P Dhanabal
Transfer Petitionbody2026
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[ 2026 DAILYLAW 39005 (MAD) · dailylaw.ai ]
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[ 2026 DAILYLAW 39005 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRL OP(MD). No.11964 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No.11964 of 2026
1. Mariswaran
2. Arumugakadavul ... Petitioners/Accused Vs The State of Tamilnadu Rep By the Inspector of Police, Kallikudi Police Station, Madurai District. (In Crime No.135 of 2026). ... Respondent/Complainant For Petitioner : M/s.Alaguraja.S,
For Respondent : Mr.G.Ganesh Kumar,
Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.135 of 2026 on the file of the respondent police. 1/6 https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.11964 of 2026
ORDER : The Court made the following order :- The petitioners / Accused, who were arrested and remanded to judicial custody on 30.05.2026 for the offences punishable under Sections 326(g), 109 of BNS, 2023, Sections 3, 5 of Explosive Substances Act, 1903 in Crime No.135 of 2026 on the file of the respondent police, seek bail. 2. The case of the prosecution is that due to previous motive between the defacto complainant and A1, on 20.05.2026, A1 to A3 have pelted ignited liquor bottles on the defacto complainant's house with an intention to commit the offence of murder the defacto complainant and his family members. Hence, the complaint. 3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they were falsely implicated in this case and they have not committed any offence as alleged by the prosecution. In this case, no one sustained injury in the occurrence. He would further submit that the petitioners have been arrested and remanded to judicial custody on 30.05.2026. Therefore, prayed to grant bail for the petitioners. 2/6 https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.11964 of 2026
4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that based on the complaint lodged by the defacto complainant, the case has been registered against the accused persons. He would further submit that though the first petitioner has no previous case, second petitioner is having one previous case and the investigation is pending and also considering the nature of grave offence, he strongly opposed to grant bail to the petitioners. 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 fact that in this case no one sustained injury in the alleged occurrence and the fact that the first petitioner is not having previous case to his credit and though the second petitioner has one previous case to his credit, he has got bail in the previous case registered against him as well as considering the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners subject to the following conditions: 3/6 https://www.mhc.tn.gov.in/judis
CRL OP(MD).
No.11964 of 2026 [a] Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Thirumangalam and on further conditions that: [b] the petitioners shall report before the respondent police on every Saturday at 10.30 a.m., until further orders; [c] the petitioners shall not commit any offence similar to the offence of which they are accused, or suspected, or of the commission of which they are suspected; [d] the petitioners shall not abscond either during investigation or trial; [e] the petitioners 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence; 4/6 https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.11964 of 2026 [f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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) 23.06.2026 PNM TO 1.The Judicial Magistrate, Thirumangalam,
2. The Superintendent, Central Prison, Madurai
3. The Inspector of Police, Kallikudi Police Station, Madurai District. 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.11964 of 2026 P. DHANABAL,J PNM
ORDER IN CRL OP(MD) No.11964 of 2026 Date : 23/06/2026 6/6 https://www.mhc.tn.gov.in/judis