Periyasamy v. State of Tamilnadu Rep by Inspector of Police, A.Mukkulam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/07/2026 PRESENT The HONOURABLE MR. JUSTICE K. RAJASEKAR

¶1Periyasamy, S/o. Vadugan, Nadu Street, Parapathi, Madurai District..

¶2Arumugam, S/o. Veeranan, Anna Nagar, Parapathi, Madurai District.. ... petitioners/A1 and A2 Vs State of Tamilnadu Rep by, The Inspector of Police, A.Mukkulam Police Station, Virudhunagar District. (Crime No. 138 of 2026). ... Respondent/Complainant For petitioners : Mr.Vijayendiran V, Advocate. For Respondent : Mr.N.Balasubramanian, Counsel for State of TN (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-33B. For Bail in Crime No. 138 of 2026 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A1 and A2, who were arrested and remanded to judicial custody on 12.07.2026, for the offences punishable under Section 303(2) of BNS r/w. 21(1) of MMDR Act, in Crime No.138 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that on secret information the defacto complainant went to the spot and intercepted the petitioners, who illegally transported the 2 ½ units of sand in the 407 vehicle bearing Registration No.TN 57 BU 5945 without any valid permission. Hence, the case.

¶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. The petitioners are in custody from 12.07.2026 and ready to cooperate with the investigation. Hence, he prayed to grant bail to the petitioners.

¶4The learned Counsel for State of TN (Crl. Side) appearing for the respondent Police reiterated the prosecution case and reported that the petitioners have no previous case. Investigation is still pending. The properties were recovered. However, he opposed to grant bail to the petitioners.

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

¶6Considering the facts and circumstances of the case, considering the nature of offence, the petitioners have no previous cases and the properties were recovered 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) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Thiruchuli, and on further conditions that: [b] the petitioners shall report before the learned Judicial Magistrate, Thiruchuli at 10.30 a.m., on all working days for a period of four weeks, thereafter as and when required for interrogation; [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)

22.07.2026 VSG TO

1.The learned Judicial Magistrate, Thiruchuli.

2.The Officer-in-Charge, Sub jail, Aruppukottai.

3.The Inspector of Police, A.Mukkulam Police Station, Virudhunagar District.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. K. RAJASEKAR,J., vsg ORDER IN CRL OP(MD) No.15012 of 2026 Date : 22/07/2026