CRL OP(MD). No.17657 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 17/08/2026 CORAM THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR CRL OP(MD). No.17657 of 2026 Sarath ... Petitioner/Sole Accused Vs State of Tamilnadu Rep by, The Inspector of Police, Sendhamaram Police Station, Tenkasi District, Crime No.2/2026. ... Respondent/Complainant PRAYER :- To release the petitioner on bail in connection with SC.No.100/2026 pending on the file of the Additional District and Sessions Judge, Tenkasi, Tenkasi District in connection with Crime No.02 of 2026 on the file of the respondent police and For Petitioner : G.Thalaimuthurasu, Advocate. For Respondent : Mr.T.Lenin Kumar, Government Advocate (Crl.Side) For Intervenor : Mr.R.Mathava Selvan, Advocate. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 02.01.2026 for the offences punishable under Sections 103(1) & 311 1/6 CRL OP(MD). No.17657 of 2026 of BNS, 2023, in SC.No.100 of 2026 pending on the file of the Additional District and Sessions Judge, Tenkasi, Tenkasi District, in connection with Crime No.2 of 2026 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that the petitioner entered the house of the deceased and snatched away her gold chain. When she attempted to prevent the same, he stabbed her on the neck with an iron rod and murdered her. Thereafter, a complaint was lodged, and the accused was arrested. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He would further submit that this is the second bail petitioner and earlier petition filed by the petitioner was dismissed by this Court in Crl.OP(MD)No.14029 of 2026 on 13.07.2026 and the petitioner has no previous case and the petitioner is in judicial custody from 02.01.2026. Therefore, prayed to grant bail for the petitioner. 4.The learned Counsel for the State of Tamil Nadu (Crl. Side), 2/6 CRL OP(MD). No.17657 of 2026 appearing for the respondent police, reiterated the prosecution case and submitted that the investigation in this case has been completed, the final report has been filed before the Additional District and Sessions Judge, Tenkasi, Tenkasi District, and the same was taken on file in S.C.No.100 of 2026, and even before committal, copies were served and now, the case has been posted on 09.10.2026 for trial. 5. The learned counsel for the Intervenor submitted that it is a case of murder for gain and that, if the petitioner is released on bail, there is every possibility of absconding. Hence, he vehemently opposed the grant of bail to the petitioner. 6.Considering the facts that the petitioner is in judicial custody from 02.01.2026 that the case in SC.No.100 of 2026 pending on the file of the Additional District and Sessions Judge, Tenkasi, Tenkasi District, is for trial and that the petitioner is not having any previous case for serious offence, this Court is inclined to grant bail to the petitioner subject to the following conditions. 7.Accordingly, this Criminal Original Petition is allowed and the 3/6 CRL OP(MD). No.17657 of 2026 petitioner is ordered to be released on bail on his 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, Tenkasi, Tenkasi District, and on further conditions that; (i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii)the petitioner shall stay at Chengalpattu and report before the Inspector of Police, Chengalpattu Town Police Station (D1), Chengalpattu, daily at 10.30 a.m., until further orders; Further, the petitioner shall appear before the trial Court on all hearing dates, without fail. (iii)the petitioner shall not tamper with evidence or witness; (iv)the petitioner shall not abscond during trial; (v)On breach of any of the aforesaid conditions, the learned 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 4/6 CRL OP(MD). No.17657 of 2026 [(2005)AIR SCW 5560]; (vi)If the accused thereafter abscond, a fresh FIR can be registered under Section 269 BNS, 2023. (K M S J) 17.08.2026 dss TO 1.The Judicial Magistrate, Tenkasi, Tenkasi District, 2.The Superintendent, Central Prison, Palayamkottai. 3.The Inspector of Police, Sendhamaram Police Station, Tenkasi District, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 CRL OP(MD). No.17657 of 2026 K.MURALI SHANKAR,J dss ORDER IN CRL OP(MD) No.17657 of 2026 Date : 17/08/2026 6/6