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2026 DAILYLAW 47523 (MAD)

Chinna Durai v. The State of Tamilnadu

CRL OP(MD)/13820/2026 · 2026-07-09

K Rajasekar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP(MD). No.13820 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/07/2026 PRESENT The HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No.13820 of 2026 1. Chinna Durai, S/o.Esakkimuthu, Mutharamman Kovil Street, Maramangalam, Thoothukudi District.. 2. Lakshmanan, S/o.Pathirakali Muthu, No.3/173, Pillaiyar Kovil Street, Maramangalam, Thoothukudi District.. ... petitioners/A1 & A4 Vs The State of Tamilnadu Rep By, The Inspector of Police, Eral Police Station, Thoothukudi District. Cr.No.281/2026.. ... Respondent/Complainant For petitioners : Mr.K.Suyambulingabharathi, Advocate. For Respondent : Mr.N.Balasubramanian, Counsel for State of TN (Crl.Side) 1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.13820 of 2026 PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-33B. For Bail in Cr.No.281 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners/A1 and A4, who were arrested and remanded to judicial custody on 28.06.2026 for the offences punishable under Section 329(3) of BNS, 2023 and Section 3 of TNPPDL Act, in Crime No.281 of 2026 on the file of the respondent police, seek bail. 2. The allegation against the petitioners is that due to previous enmity, on 27.06.2026, at about 10.00 a.m., the petitioners joining hands with other accused damaged the door, window and board of the Electricity meter worth about Rs.3,000/-. Hence, the case has been registered and the accused were arrested. 3.The learned counsel for the petitioners would submit that the petitioners are innocent, they were falsely implicated in this case, they 2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.13820 of 2026 are no way connected in the above said incident and they are ready to cooperate with investigation. The petitioners have been arrested and remanded to judicial custody on 28.06.2026. Hence, he prays to grant bail to the petitioners. 4. The learned counsel for State of TN (Crl. Side) appearing for the respondent would submit that the investigation is still pending. He would further submit that the petitioners have one previous case. Hence, 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 and the nature of offences levelled against the petitioners and though the investigation is pending the petitioners have one previous case, considering the period of incarceration, I am inclined to grant bail to the petitioners subject to the following conditions: 3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.13820 of 2026 [a] the petitioners are directed to deposit a sum of Rs.3,000/-(Rupees Five Thousand only) to the credit of Crime No.281 of 2026 within a period of 15 days before the learned Judicial Magistrate No.II, Srivaikundam. After receipt of entire amount, the learned Judicial Magistrate No.II, Srivaikundam, shall deposit the said amount in an interest bearing Fixed Deposit in any nationalized Bank initially for a period of one year and renew them periodically until the final order/Judgment is passed in the case in Crime No.281 of 2026. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment. [b]On such deposit being made, this petition is ordered and the petitioners are 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, Srivaikundam, and on further conditions that: [c] the petitioners shall report before the respondent 4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.13820 of 2026 Police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation. [d] the petitioners shall not commit any offence similar to the offence of which she is accused, or suspected, or of the commission of which she is suspected; [e] the petitioners shall not abscond either during investigation or trial; [f] 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence; [g] 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]. 5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.13820 of 2026 [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. (K R S J) 09.07.2026 VSG TO 1.The learned Judicial Magistrate No.II, Srivaikundam. 2.The Officer-in-Charge, Sub Jail, Srivaikundam, Thoothukudi District. 3.The Inspector of Police, Eral Police Station, Thoothukudi District. 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.13820 of 2026 K. RAJASEKAR,J., vsg ORDER IN CRL OP(MD) No.13820 of 2026 Date : 09/07/2026 7/7 https://www.mhc.tn.gov.in/judis