K.Palsamy v. State of Tamilnadu Rep by Inspector of Police, Kadayanallur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY K.Palsamy ... Petitioner/Accused Vs State of Tamilnadu Rep by, The Inspector of Police, Kadayanallur, Police Station, Tenkasi District. Crime No.412/2013. ... Respondent/Complainant For Petitioner : I.Pinaygash, Advocate. For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PRAYER :- C-6B To enlarge the Petitioner /Accused No.1 on Bail in SC No.354/2016, on the file of the Learned Addl District and Sessions Court, Tenkasi in connection with Crime No.412/2013 dated 20.11.2013 on the file of the Respondent Police and pass such further ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 14.12.2025 for the offences punishable under Sections 120(b), 342 and 302 r/w 34 IPC (Corresponding Sections 61(2), 127(2) & 103(1) of BNSS), in Crime No.412 of 2013, on the file of the respondent police, seeks bail. After filing charge sheet the same was taken on file in S.C.No.354 of 2016 on the file of the Additional District and Sessions Judge, Tenkasi.

¶2The case of the prosecution is that due to a wordy quarrel with influence of alcohol, the petitioner and other accused persons murdered the defacto complainant's husband. Hence, the complaint.

¶3The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He would further submit that the petitioner is no way connected with the case, a false case has been lodged as against the petitioner. He would further submit that the petitioner is in custody from 14.12.2025. Hence, he seeks bail.

¶4The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner is jumped out of bail and he was arrested on 14.12.2025 through NBW. Further, he submitted that the trial is not commenced. However, he objected to grant bail to the petitioner.

¶5Taking into consideration of the facts and circumstances of the case and also the fact that the crime number is in the year 2013, and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

¶6Accordingly, the petitioner is ordered to be released on bail on executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the Additional District and Sessions Judge, Tenkasi, and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [b] the petitioner shall appear before the Additional District and Sessions Judge, Tenkasi, daily at 10.30 a.m., for a period of two weeks and thereafter as and when required and for all hearing dates; [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with 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 5560]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

30.01.2026 PJL To

¶1Additional District and Sessions Judge, Tenkasi.

¶2The Inspector of Police, Kadayanallur, Police Station, Tenkasi District.

¶3The Superintendent, Central Prison, Palayamkottai.

¶4The Additional Public Prosecutor,

Madurai Bench of Madras High Court, Madurai. S.SRIMATHY,J PJL ORDER IN CRL OP(MD) No.1740 of 2026 Date : 30/01/2026