Esakkimuthu v. The State of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16.07.2026 PRESENT THE HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No. 14489 of 2026

1.Esakkimuthu

2.Karthick Kumar

...Petitioners

Vs State of Tamil Nadu rep. by The Inspector of Police, Muthiahpuram Police Station, Thoothukudi District. (Crime No.497 of 2026)

...Respondent/Complainant

For Petitioners : Mr.R.J.Karthick

Advocate

For Respondent : Mr.N.Balasubramanian Counsel for State of TN (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 497 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners / Accused, who were arrested and remanded to judicial custody on 02.06.2026, for the offences punishable under Sections 49, 296(b), 109(1) and 351(3) of BNS, in Crime No.497 of 2026 on the file of the respondent police, seek bail.

¶2The case of the prosecution is that due to previous enmity, the petitioners by joining with two other accused, attacked the defacto complainant and others, and attempted to commit murder, in which, the defacto complainant and two persons sustained injuries. Hence, the case.

¶3The learned counsel appearing for the petitioner would submit that the petitioners are innocent and they were falsely implicated in this case and they have not committed any offence as alleged by the prosecution. He would further submit that the petitioners are in custody from 29.04.2026 and ready to abide any condition imposed by this Court. This is second bail application filed by the petitioner. While considering the earlier bail application filed by the petitioners along with co-accused, in Crl.O.P.(MD).No.12571 of 2021, this Court dismissed that application in respect of this petitioners and allowed the same in respect of co-accused. Now the injured were discharged from the hospital. Hence, he prayed bail for the petitioners.

¶4The learned Counsel appearing for the State reiterated the prosecution case and reported that the first petitioner has five previous cases, and the third petitioner has three previous cases. The injured was discharged from the hospital. This Court granted the co-accused on the ground that they have no previous cases. He opposed the grant of bail to the petitioner.

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

¶6Considering the nature of allegations and the facts and circumstances of the case, that the injured was discharged from the hospital, co-accused in this case have been granted bail by this Court and though the petitioners have some previous cases, considering the period of incarceration, I am inclined to grant bail to the petitioners subject to certain conditions. [a] Accordingly, the petitioners are ordered to be released on bail on condition to execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Thoothukudi, and on further conditions that: [b] the petitioner shall report before the respondent police, daily at 10.30 a.m., for a period of three weeks, thereafter as and when required for interrogation; [c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected; [d] the petitioner shall not abscond either during investigation or trial; [e] 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence; [f] 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 51730]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(K R S J)

16.07.2026 TM To

1.The Judicial Magistrate No.II, Thoothukudi.

2.The Inspector of Police, Muthiahpuram Police Station, Thoothukudi District. (Crime No.497 of 2026)

3.The Superintendent, District Jail at Perurani, Thoothukudi District.

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

K. RAJASEKAR, J. TM ORDER IN CRL OP(MD) No. 14489 of 2026 Date : 16.07.2026