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2026 DAILYLAW 49239 (MAD)

Mathi v. State rep. by the

CRL OP/18260/2026 · 2026-07-14

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.18260 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.18260 of 2026 1. Mathi 2. Mohan 3. Nilavarasan ... Petitioner(s) Vs. The State rep. by The Inspector of Police, Nagapattinam Town Police Station, Nagapattinam District. ... Respondent(s) Crime No.140 of 2026 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in Crime No.140 of 2026 pending on the file of the respondent police. For Petitioner(s) : Mr.P.Muthamizh Selvakumar For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side) ORDER The petitioners, who were arrested and remanded to judicial custody on 18.05.2026 for the alleged offence under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.140 of 2026 on the file of the respondent police, seek bail. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18260 of 2026 2. It is the case of the prosecution that the deceased demanded money from the petitioners for the consumption of alcohol for the third time and, as a result, a wordy quarrel arose, which escalated into an altercation, whereby the petitioners attacked the deceased using hands and legs, thereby causing his death. Hence, the case. 3. The learned counsel for the petitioners would submit that the petitioners are innocent and have been falsely implicated in this case. He would further submit that the petitioners have been in custody since 18.05.2026 and are ready to abide by any stringent conditions that may be imposed by this Court. It is his specific submission that the co-accused have already been enlarged on bail, which factum was not seriously disputed by the learned Government Advocate (Crl. Side). Hence, he prayed for the grant of bail on the ground of parity. 4. The learned Government Advocate (Crl. Side) appearing for the respondent, while opposing the grant of bail to the petitioners, reiterated the prosecution case and, on instructions, submitted that the first and third petitioners have no criminal antecedents and that the second petitioner has three previous cases; however, all the said cases have been disposed of. He would 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18260 of 2026 further submit that a major portion of the investigation has already been completed. 5. Considering the totality of the circumstances, particularly the period of incarceration undergone by the petitioners, the fact that the first and third petitioners have no bad antecedents, the fact that, though the second petitioner has three previous cases to his credit, all the said cases have been disposed of, the fact that a major portion of the investigation has already been completed, and also the fact that the co-accused have already been enlarged on bail, this Court is inclined to enlarge the petitioners on bail, subject to certain conditions. 6. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Nagapattinam and subject to the following conditions: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioners shall report before the respondent police everyday at 10.30 a.m. for a period of two weeks and 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18260 of 2026 thereafter as and when required for interrogation; [c] the petitioners shall not abscond either during investigation or trial; [d] the petitioners shall not tamper with the evidence or witness either during investigation or trial; [e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; [f] if the petitioners thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 14.07.2026 skr Note: 1. Registry is directed to forthwith upload this order in the Official Website of this Court. 2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18260 of 2026 To 1. The learned Judicial Magistrate No.I, Nagapattinam 2. The Superintendent, District Prison, Nagapattinam 3. The Inspector of Police, Nagapattinam Town Police Station, Nagapattinam 4. The Public Prosecutor, High Court of Madras 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18260 of 2026 C.KUMARAPPAN,J. skr Crl.O.P.No.18260 of 2026 14.07.2026 6/6 https://www.mhc.tn.gov.in/judis