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2026 DAILYLAW 46622 (MAD)

Marimuthu v. The State of Tamilnadu

CRL OP(MD)/13651/2026 · 2026-07-08

K Rajasekar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.(MD)No.13651 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.07.2026 PRESENT THE HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No. 13651 of 2026 Marimuthu ...Petitioner Vs State of Tamil Nadu rep. by The Inspector of Police, CCD III Police Station, Pudukkottai District. (Crime No.16 of 2026) ...Respondent/Complainant For Petitioner : Mr.P.M.Vishnuvarthanan Advocate For Respondent : Mr.N.Balasubramanian Counsel for State of TN (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 16 of 2026 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 19.06.2026, for the offences punishable under Sections 196(1) of BNS and Section 67 of Information Technology Act , in Crime No.16 of 2026 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.13651 of 2026 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that the petitioner has posted certain remarks with view to create enmity between two religious group. Hence, the complaint has been lodge, case has been registered and the petitioner was arrested. 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 submitted that the petitioner is the first time offender. He only posted certain remarks about the judgment delivered in a Court. It is not intended to create enmity between two religious groups. The petitioner is in custody from 19.06.2026 and ready to abide any condition imposed by this Court. Hence, he prayed bail for the petitioner. 4. The learned Counsel appearing for the State reiterated the prosecution case and reported that the petitioner has no previous case. Investigation is still pending. Hence, he opposed the grant of bail to the petitioner. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.13651 of 2026 5. This Court heard both sides and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature of allegations, the petitioner has no previous case, that no incarceration is necessary for further investigation and also considering the period of incarceration, I am inclined to grant bail to the petitioner subject to certain conditions. [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Pudukkottai, and on further conditions that: [b] the petitioner shall report before the respondent police daily, at 10.30 a.m., for a period of two weeks, thereafter as and when required for interrogation; [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 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.13651 of 2026 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 51730]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. (K R S J) 08.07.2026 TM To 1.The Judicial Magistrate No.II, Pudukkottai. 2.The Inspector of Police, CCD III Police Station, Pudukkottai District. (Crime No.16 of 2026) 3.The Superintendent, Sub Jail, Pudukkottai. 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.13651 of 2026 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.13651 of 2026 K. RAJASEKAR, J. TM ORDER IN CRL OP(MD) No. 13651 of 2026 Date : 08.07.2026 6/6 https://www.mhc.tn.gov.in/judis