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2026 DAILYLAW 54231 (MAD)

Ganesan v. The State of Tamilnadu

CRL OP(MD)/15103/2026 · 2026-07-22

K Rajasekar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP(MD). No.15103 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/07/2026 PRESENT The HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No.15103 of 2026 1. Ganesan, S/o.Esakki, No.16/7, North Street, Paruthivaikulam, Pappakudi, Tirunelveli District.. 2. Shanmugasundaram, S/o.Esakki, No.16/2, North Street, Paruthivaikulam, Pappakudi, Tirunelveli District.. ... Petitioners/A1 and A2 Vs The State of Tamilnadu Rep by, The Sub-Inspector of Police, Papakudi Police Station, Tirunelveli District. (Crime No.397 of 2026). ... Respondent/Complainant For Petitioner : Mr.S.Krishnan, Advocate. For Respondent : Mr.N.Balasubramanian, Counsel for State of TN (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-8 B. For Bail in Crime No.397 of 2026 on the file of the Respondent Police. 1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.15103 of 2026 ORDER : The Court made the following order :- The petitioners/A1 and A2, who were arrested and remanded to judicial custody on 18.06.2026, for the offences punishable under Sections 109(1), 118(1), 126(2), 296(b) and 351(3) of BNS, 2023 in Crime No.397 of 2026 on the file of the respondent police, seek bail. 2. The case of the prosecution is that due to previous enmity regarding the channel permission in irrigating the lands between the parties, the petitioners joining hands with the other accused abused the defacto complainant in filthy language, attacked him, thereby causing injuries to him and also criminally intimidated him. Hence, the case. 3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent and they were falsely implicated in this case and they have not committed any offence as alleged by the prosecution. The petitioners are in custody from 18.06.2026 and ready to cooperate with the investigation. Hence, he prayed to grant bail to the petitioners. 2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.15103 of 2026 4. The learned Counsel for the State of TN (Crl. Side) appearing for the respondent Police reiterated the prosecution case and reported that the first petitioner has nine previous cases and the second petitioner has one previous case. The injured was discharged from the hospital. Investigation in this case is still pending. Hence, he prayed to grant bail to the petitioners. 5. This Court heard both sides and perused the materials available on records. 6. Considering the facts and circumstances of the case, though the petitioners have previous cases, the injured was discharged from the hospital and considering the period of incarceration, I am inclined to grant bail to the petitioners subject to certain conditions. [a] Accordingly, 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) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Ambasamuthiram, Tirunelveli 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.15103 of 2026 District, and on further conditions that: [b] the petitioners shall stay at Trichy and report before the Inspector of Police, Cantonment Police Station, Trichy, daily at 10.30 a.m., for a period of six weeks, thereafter as and when required for interrogation before the respondent Police; [c] the petitioners 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 petitioners shall not abscond either during investigation or trial; [e] 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; [f] 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 4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.15103 of 2026 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 51730]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. (K R S J) 22.07.2026 VSG TO 1.The learned Judicial Magistrate, Ambasamuthiram, Tirunelveli District. 2. The Superintendent, Central Prison, Palayamkottai, Tirunelveli. 3.The Sub-Inspector of Police, Papakudi Police Station, Tirunelveli District. 4.The Inspector of Police, Cantonment Police Station, Trichy. 5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.15103 of 2026 K. RAJASEKAR,J., vsg ORDER IN CRL OP(MD) No.15103 of 2026 Date : 22/07/2026 6/6 https://www.mhc.tn.gov.in/judis