Kumar v. State of Tamilnadu Rep by Inspector of Police, Sivagiri

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24.04.2026 PRESENT THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Kumar

...Petitioner/Rank not known Vs State of Tamil Nadu rep. by The Inspector of Police, Sivagiri Police Station, Thenkasi District. ...Respondent/Complainant (Crime No.118 of 2026)

For Petitioner :Mr.P.Praveenkumar

For Respondent :Mr.S.Ravi

Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 118 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused rank not known, who was arrested and remanded to judicial custody on 14.04.2026 for the offences punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 109(1) of BNS and Section 3 of TNPPDL Act, 1992, in Crime No.118 of 2026 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the due to a clash between two different communities during the Pongal festival, the petitioner unlawfully assembled at the scene, abused the rival group, attacked them, causing injuries, and threatened them with dire consequences. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he was falsely implicated in this case. He has not committed any offence as alleged by the prosecution. He would further submit that the petitioner has been arrested and remanded to judicial custody on 14.04.2026. Hence, he prays to grant bail to the petitioner.

¶4The learned Government Advocate (Crl. Side) appearing for the respondent Police would submit that the investigation is pending and that the offences are grave in nature. Hence, he strongly opposed to grant bail to the petitioner.

¶5This Court heard both sides and perused the materials available on record.

¶6Considering the facts and circumstances of this case and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 Judicial Magistrate Court, Sivagiri, and on further conditions that: [b] The petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) as non-refundable deposit to the credit of the Aishwaryam Trust, Indian Bank, Tirunagar Branch, Madurai, Account No.6639017788, IFSC Code: IDIB000T032; [c] the petitioner shall report before the Inspector of Police, Teppakulam Police Station, Madurai District, daily at 10.30 a.m., until further orders. [d] the petitioner shall not commit any offence similar to the offence of which she is accused, or suspected, or of the commission of which she is suspected; [e] the petitioner shall not abscond either during investigation or trial; [f] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer or tamper with the evidence; [g] On breach of any of the aforesaid conditions, the learned Judicial 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]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(L V G J)

24.04.2026 Sm To:-

1.The Judicial Magistrate Court, Sivagiri.

2.The Inspector of Police, Sivagiri Police Station, Thenkasi District.

3.The Superintendent, Sub Jail, Nagercoil.

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

L.VICTORIA GOWRI

, J.

Sm CRL OP(MD) No. 8147 of 2026 Dated:

24.04.2026