Shyju v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03.07.2026 PRESENT THE HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No. 13261 of 2026 1.Shyju 2.Sreekanth ...petitioners Vs State of Tamil Nadu rep. by The Inspector of Police, Boothapandi Police Station, Kanniyakumari District.
(Crime No.234 of 2026)
...Respondent/Complainant
For petitioners : Mr.S.Yogeswaran 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. 234 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 17.06.2026, for the offences punishable under Section 303(2) of BNS r/w. Sections 21(1) of MMDR Act, in Crime No.234 of 2026 on the file of 1/6
the respondent police, seek bail.
2. The case of the prosecution is that the petitioners are involved in illegal transportation of M-sand from Tirunelveli and attempted to transport the same of Kerala, the nearby State, violating the Rules and Regulations. The vehicles were intercepted and the petitioners were arrested. Accordingly, the case was registered.
3. The 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 submitted that the petitioners are in custody from 17.06.2026 and ready to abide any condition imposed by this Court. Hence, he prayed bail for the petitioners.
4. The learned Counsel appearing for the State reiterated the prosecution case and reported that the first petitioner has two previous cases, the second petitioner has one previous case. The property was recovered. Investigation is still pending. Hence, he opposed the grant of bail to the petitioners. 2/6
5. This Court heard both sides and perused the materials available on record.
6. Considering the facts and circumstances of the case, considering the nature of offence, though the petitioners have some previous cases, the properties have been 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 is 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, Boothapandy, and on further conditions that:
[b] the petitioners 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 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 3/6
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) 03.07.2026 TM To 1.The Judicial Magistrate, Boothapandy.
2.The Inspector of Police, Boothapandi Police Station, Kanniyakumari District. (Crime No.234 of 2026) 3.The Superintendent, District Prison, Nagercoil. 4/6
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5/6
K. RAJASEKAR, J.
TM
ORDER
IN CRL OP(MD) No. 13261 of 2026 Date : 03.07.2026 6/6