Sakthivel v. State of Tamilnadu Rep by Inspector of Police, Kalakkad

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03.02.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY

1.Sakthivel

2.Manikandan ... Petitioners/Accused

Vs The State of Tamil Nadu, Rep By,The Inspector of Police, Kalakkad Police Station, Kalakkad, Tirunelveli District. (Crime No.73 of 2026) ... Respondent/Complainant

For Petitioners : Mr.N.Vignesh

Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar

Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :-For Bail in Crime No.73 of 2026 on the file of the respondent police. ORDER : The Court made the following order :-

The petitioners, who were arrested and remanded to judicial custody on 17.01.2026 for the offences punishable under Sections 296(b), 309(6) and 311 of BNS 2023 (294(b), 394 and 397 of IPC), in Crime No.73 of 2026 on the file of the respondent police, seek bail.

¶2The case of the prosecution is that A1 and the defacto complainant were in homosexual relationship which was video graphed by other accused and subsequently they demanded money from the defacto complainant by threatening and also snatched mobile phone and Rs.500/- from him. Hence, the complaint.

¶3The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court and they are in judicial custody from

17.01.2026. Hence, he seeks bail to the petitioners.

¶4The learned Additional Public Prosecutor submitted that there are no previous case pending against the petitioners and the property has been recovered. He further submitted that the investigation has been completed and the charge sheet has also been filed. However, he opposed for grant of bail to the petitioners.

¶5Taking into consideration of the facts and circumstances of the case and also the fact that the property has been recovered and also considering the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners, subject to the following conditions:

¶6Accordingly, the petitioners are 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 Judicial Magistrate Court, Nanguneri, 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 petitioners shall report before the trial Court on all hearing dates without fail. [c] the petitioners shall not abscond either during investigation or trial. [d] the petitioners 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. (S S Y J)

03.02.2026 msrm To

¶1The Judicial Magistrate Court, Nanguneri.

¶2The Superintendent, Central Prison, Palayamkottai, Tirunelveli Dindigul.

¶3The Inspector of Police, Kalakkad Police Station, Kalakkad, Tirunelveli District.

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

S.SRIMATHY,J. msrm ORDER IN CRL OP(MD) No.1970 of 2026 Date : 03.02.2026