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2026 DAILYLAW 47816 (MAD)

M.Marimuthu v. The State of Tamilnadu

CRL OP(MD)/13879/2026 · 2026-07-10

K Rajasekar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP(MD). No.13879 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 10/07/2026 CORAM THE HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No.13879 of 2026 M.Marimuthu ... Petitioner/Sole Accused Vs The State of Tamilnadu Rep By, The Inspector of Police, Ottapidaram Police Station, (L and O), Thoothukudi District, Cr.No.252 of 2026. ... Respondent/Complainant PRAYER :- For Bail in Crime No.252 of 2026 on the file of the respondent police. For Petitioner : M/s.R.Alagumani, Advocate. For Respondent : Mr.N.Balasubramanian, Government Advocate (Crl.Side) ORDER : The Court made the following order :- The petitioner / Accused, who is arrested and remanded to judicial 1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.13879 of 2026 custody on 26.06.2026, for the offences punishable under Sections 3(5), 296(b), 329(3), 351(3) of BNS, 2023 and Section 3(1) of TNPPDL Act, in Crime No.252 of 2026 on the file of the respondent police, seeks bail. 2. The allegation against the petitioner is that due to property dispute, on 20.06.2026, the petitioner trespassed into the defacto complainant's land and damaged the property belonged to the defacto complainant worth about Rs.20,000/-. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent, he was falsely implicated in this case, he is no way connected in the above said incident and he is ready to cooperate with investigation. The petitioner has been arrested and remanded to judicial custody on 26.06.2026. Hence, he prays to grant bail to the petitioner. 4. The learned counsel for State of TN (Crl. Side) appearing for the respondent would submit that the petitioner has 1 previous case and the 2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.13879 of 2026 investigation is still pending. Hence, he strongly opposed to grant bail to the petitioner. 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 petitioner and though the investigation is pending the petitioner has one previous case, considering the period of incarceration, I am inclined to grant bail to the petitioner subject to the following conditions: [a] the petitioner is directed to deposit a sum of Rs.4,000/-(Rupees Four Thousand only) to the credit of Crime No.252 of 2026 within a period of 15 days before the Judicial Magistrate Court, Ottapitaram. 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 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.13879 of 2026 and 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 Judicial Magistrate Court, Ottapitaram, and on further conditions that: [c] the petitioner shall report before the respondent Police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation. [d] the petitioner 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 petitioner shall not abscond either during investigation or trial; [f] 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; [g] On breach of any of the aforesaid conditions, the 4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.13879 of 2026 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]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. 10.07.2026 dss TO 1.The learned Judicial Magistrate Court, Ottapitaram. 2. The Superintendent, Palayamkottai Central Prison. 3.The Inspector of Police, Ottapidaram Police Station, (L and O), Thoothukudi District, 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. K. RAJASEKAR,J DSS 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.13879 of 2026 ORDER IN CRL OP(MD) No.13879 of 2026 Date : 10/07/2026 6/6 https://www.mhc.tn.gov.in/judis