Baskaran v. State of Tamilnadu Rep by Inspector of Police, Sivakasi Town

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. 14558 of 2026

1.Baskaran

2.Thangeswaran

...petitioners

Vs State of Tamil Nadu rep. by The Inspector of Police, Sivakasi Town Police Station, Virudhunagar District. (Crime No.221 of 2026)

...Respondent/Complainant

For petitioners : Mr.E.Mareeskumar

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. 221 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 01.05.2026, for the offences punishable under Sections 61(2), 191(2), 191(3), 103(1) of BNS, in Crime No.221 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that he belongs to a gang operating in a village and that there is enmity between his gang and another gang. Hence, with a view to getting rid of the deceased, namely Maariselvam and after waiting for an opportunity, on the date of occurrence, they waylaid the deceased and attacked him with deadly weapons thereby committing the murder of the deceased. It is further alleged that the petitioners have also the conspired with the other accused and informed that they will monitor the movement of the deceased. In the meantime, other accused independently seen the deceased and attacked him, thereafter, they informed about the commission of offence. Hence, the petitioner have been implicated in this case as accused and arrested.

¶3The learned counsel appearing for the petitioners 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 there is no specific overt act against the petitioners. They are in custody from 01.05.2026 and ready to abide any condition imposed by this Court. Only on the basis of the confession statement of the co-accused, this petitioner has been implicated in this case as accused. Co-accused in this case have been released on bail. Hence, he prayed bail for the petitioners.

¶4The learned Counsel appearing for the State reiterated the prosecution case and reported that the totally there are 9 accused in this case. The petitioners agreed to monitor the movement of the deceased and instigated other accused to commit murder. This Court considering the specific overt act against the A4, dismissed the same in Crl.O.P.(MD).No.11541 of 2026, dated

30.06.2026. Hence, he opposed the grant of bail to the petitioners.

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

¶6Considering the facts and circumstances of the case and nature of offences, that the specific overt act attributed against the petitioners is that they agreed to monitor the movement of the deceased and inform the same to the accused 1 to 6, however, before the petitioners give their instructions, A1 to A6 have seen the deceased and committed murder, only thereafter, they have passed on the message of the death of the deceased to the petitioners herein, that the petitioners have no previous case and also 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.I, Sivakasi, and on further conditions that: [b] the petitioners shall stay at Madurai and report before the learned Judicial Magistrate No.I, Madurai, at 10.30 a.m., on all working days, until further orders: [c] the petitioners 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 petitioners shall not abscond either during investigation or trial; [e] the petitioners 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 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 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.I, Sivakasi.

2.The Judicial Magistrate No.I, Madurai.

3.The Inspector of Police, Sivakasi Town Police Station, Virudhunagar District. (Crime No.221 of 2026)

4.The Superintendent, District Jail, Virudhunagar.

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

K. RAJASEKAR, J. TM ORDER IN CRL OP(MD) No. 14558 of 2026 Date : 16.07.2026