Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 49503 (MAD)

Selvam v. The State of Tamilnadu Rep. by

CRL OP(MD)/14221/2026 · 2026-07-14

K Rajasekar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP(MD). No.14221 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/07/2026 PRESENT The HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No.14221 of 2026 Selvam, S/o. Murugan, Olugunacheri, Nagercoil, Kanyakumari District.. ... Petitioner/Accused No.3 Vs The State of Tamilnadu Rep., By, the Inspector of Police, Aralvaimozhi Police Station, Kanyakumari District (Crime No. 338 of 2015). ... Respondent/Complainant For Petitioner : Mr.B.Micheal Sebastin, Advocate. For Respondent : Mr.N.Balasubramanian, Counsel for State of TN (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-6B. For Bail in Crime No. 338 of 2015 on the file of the respondent police... 1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14221 of 2026 ORDER : The Court made the following order :- The petitioner / Accused No.3, who was arrested and remanded to judicial custody on 12.01.2026, for the offences punishable under Sections 302 and 201 of BNS, 2023, in S.C.No.305 of 20216 in connection with Crime No.338 of 2015 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that the petitioner joining hands with the other accused, attacked the deceased with a plate and a black stone, causing grievous injuries and murdered the deceased. Hence, the case has been registered. Earlier the petitioner was arrested and released on bail. Subsequently, he was faced trial in S.C.No.305 of 2016 on the file of the learned Additional Sessions Judge (FAC), Kanyakumari District, at Nagercoil. In the meantime, on 06.11.2025, he jumped out bail and hence, Non Bailable Warrant was issued against the petitioner and the same was executed on 12.01.2026 and now he is in judicial custody. 2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14221 of 2026 3.The learned counsel appearing for the petitioner submitted that the petitioner herein is incarceration for more than 3 months and now the case is also pending for examination of Investigating Officer for the long period. Earlier the petitioner was released on bail. He would further submit that due to some ailments, he was not able to appear before the trial Court. He is ready to cooperate with the trial process. Hence, he prayed to grant bail to the petitioner. 4.The learned Counsel for the State of TN (Crl. Side) appearing for the respondent Police reiterated the prosecution case and submitted that the petitioner herein is also involved in 15 other cases. Hence, he opposed to grant bail to the petitioner. 5. This Court heard both sides and perused the materials available on record. 6.I have perused the list of previous cases and find that the majority of them have already been disposed of. Further, some of the cases were not registered under similar circumstances. Considering the fact that the petitioner is in judicial custody for more than three months, the trial is progressing and there is no material to show that the trial has 3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14221 of 2026 been stalled on account of the petitioner, hence, 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. 20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction of the learned Additional Sessions Judge (Fac), Kanyakumari District, at Nagercoil, and on further conditions that: [b] the petitioner shall report before the learned Additional Sessions Judge (Fac), Kanyakumari District, at Nagercoil, daily at 10.30 a.m., on all working days, for a period of three weeks and thereafter, the petitioner shall appear before the trial Court on all hearing dates without fail; [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 or trial; 4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14221 of 2026 [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) 14.07.2026 VSG 5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14221 of 2026 TO 1.The learned Additional Sessions Judge (Fac), Kanyakumari District, at Nagercoil. 2. The Superintendent, District Jail, Nagercoil. 3.The Inspector of Police, Aralvaimozhi Police Station, Kanyakumari 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.14221 of 2026 K. RAJASEKAR,J., vsg ORDER IN CRL OP(MD) No.14221 of 2026 Date : 14/07/2026 7/7 https://www.mhc.tn.gov.in/judis