Mariammal v. State of Tamilnadu Rep by Inspector of Police, Suthamalli

ORDER The petitioner, who was arrested and remanded to judicial custody on 17.01.2026, for the offences punishable under Sections 309(4), 311 BNS, 2023 altered into Sections 61(2), 309(4) and 311 BNS, 2023, in Crime No.33 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that on 08.01.2026, When the defacto complainant was alone at her residence, the petitioner, along with the other accused, trespassed into the house, tied her to a chair, and robbed 17 sovereigns of gold ornaments and cash of Rs.5,00,000/-. Hence, the complaint.

¶3The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. Hence, he seeks bail to the petitioner.

¶4The learned Additional Public Prosecutor submitted that there is no previous case against the petitioner. However, the investigation is still pending.

¶5Taking into consideration of the facts and circumstances of the case and also consideration the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

¶6Accordingly, this Petition is allowed and the petitioner is ordered to be released on bail on executing a 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 learned Judicial Magistrate, Cheranmahadevi, Tirunelveli District 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 report before the respondent police daily at 10.30 am, until further orders. [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 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 [(2005)AIR SCW 5560]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

09.02.2026 LS TO

¶1The Judicial Magistrate, Cheranmahadevi, Tirunelveli District

2.The Inspector of Police, Suthamalli, Police Station, Tirunelveli District.

¶3The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. S.SRIMATHY,J LS ORDER IN CRL OP(MD) No.2546 of 2026 Date : 09/02/2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09/02/2026 CORAM THE HONOURABLE MRS. JUSTICE S.SRIMATHY Mariammal, ... Petitioner Vs State of Tamilnadu Rep by Inspector of Police, Suthamalli, Police Station, Tirunelveli District. (Crime No.33/2026). ... Respondent Petition filed under Section 482 BNSS. PRAYER :- For Bail in Crime No.33/2026 on the file of the respondent police. For Petitioner : Mr.S.Sathyachidambaram, Advocate. For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor