Palaniyayee v. Raju

JUDGMENT The appellant is the sole accused in Crime No.141 of 2026 on the file of the 2nd respondent Police, registered for the offence under Sections 296(B), 118(1), 109(1), 351(3) of BNS r/w. Sections 3(1)(r), 3(1)(s), 3(2)

(va) of SC/ST (PoA) Act. He was arrested by the respondent Police on

26.04.2026 that he has attempted to murder the 3rd respondent/defacto complainant on 25.04.2026. Therefore, he moved a bail petition before the III Additional District and Sessions Court (PCR), Madurai, in Crl.M.P.No.198 of 2026 and the same was rejected by order dated

02.06.2026. Challenging the same, the appellant has filed this appeal, seeking bail.

¶2The learned counsel appearing for the appellant submits that the appellant and the defacto complainant are friends. They used to consume alcohol jointly. On 25.04.2026, when they were consuming alcohol, the 3rd respondent had a grievance that the appellant has concealed a liquor bottle and therefore, there was a quarrel between the parties and the 3rd respondent has assaulted the appellant and thereafter, the appellant assaulted him with a knife on his neck. The learned counsel for the appellant submits that the injury is simple in nature and since the injury is in neck, this case has been registered under Section 109 BNS. The learned counsel further submits that in this case, the investigation has been completed and charge sheet has also been laid. Since the appellant is in jail for the past 74 days, he seeks to grant bail to the appellant.

¶3The learned Government Advocate (Crl. Side) opposed for grant of bail stating that the appellant has caused injury on the neck of the 3rd respondent. The learned counsel, by referring to the doctor's certificate, submits that the injury is also a grievous injury. She further submits that the investigation has been completed and final report has also been filed.

¶4The 3rd respondent/defacto complainant appeared before this Court and showed the injury sustained by him. According to him, he was admitted in a hospital for 10 days and there were ten stitches for the cut injuries. The learned counsel for the 3rd respondent/defacto complainant submits that there is a possibility of threat from the appellant.

¶5This Court considered the rival submissions made.

¶6Admittedly, the appellant and the 3rd respondent are close and intimate friends and they used to consume liquor regularly. On the date of occurrence, there was a problem while consuming liquor and therefore, the alleged occurrence had taken place. The 3rd respondent/defacto complainant was discharged from hospital. Further, in this case, the investigation has been completed and final report has also filed.

¶7Considering the facts and circumstances of the case, the period of incarceration undergone by the appellant and also considering the fact that the investigation has been completed, this Court is inclined to grant bail to the appellant.

¶8Accordingly, this Criminal Appeal is allowed and the order dated 02.06.2026 in Crl.M.P.No.198 of 2026 on the file of the III Additional District and Sessions Court (PCR) Madurai, is hereby set aside. The appellant is ordered to be released on bail on the following conditions:-

i) The appellant shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the III Additional District and Sessions Court (PCR), Madurai.

ii) The appellant and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address; In the event, if there is any change of address, the same shall be intimated to the respondent Police without fail.

iii) The appellant shall stay at Madurai and report before the Inspector of Police, Anna Nagar Police Station, Madurai, daily at 10.30 a.m. until further orders.

iv)The appellant shall not misuse the liberty granted to him by indulging in any further offence.

v) On violation of any of the above conditions by the appellant, the respondent police shall move an application for cancellation of the bail.

10.07.2026 ogy Index : Yes / No. Internet: Yes / No. NCC : Yes / No. To

¶1The III Additional District and Sessions Court (PCR), Madurai.

¶2The Deputy Superintendent of Police, Melur Sub Division, Madurai District.

¶3The Inspector of Police, Kottampatti Police Station, Madurai District.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Copy to

¶5The Superintendent, Sub Jail, Melur, Madurai.

¶6The Inspector of Police, Anna Nagar Police Station, Madurai.

B.PUGALENDHI, J. ogy

CRL A(MD) No.736 of 2026

10.07.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 10.07.2026 CORAM THE HONOURABLE MR. JUSTICE B.PUGALENDHI CRL A(MD)No.736 of 2026 Rajendran ... Appellant Vs 1. The State of Tamilnadu, Rep by The Deputy Superintendent of Police, Melur Sub Division, Madurai District. 2. The Inspector of Police, Kottampatti Police Station, Madurai District. (Crime No.141 of 2026). 3. Jeganathan ... Respondents Appeal filed under Section 14A(2) of Scheduled Caste/Scheduled Tribes Act, 1989, as amended by Act 1 of 2019, seeking to call for records pertaining to the order dated 02.06.2026 in Crl.M.P.No.198 of 2026 on the file of the III Additional District and Sessions Court (PCR) Madurai and to set aside the same and enlarge the appellant for bail in connection with Crime No.141of 2026 on the file of the 2nd respondent, by allowing this criminal appeal. For Appellant : Mr.K.Manikandan For R1 and R2 : Mrs.V.Moushica, Government Advocate (Crl. Side) For R3 : Mr.N.Jothivel