High Court · 2025

CRL OP No. 22834 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 10-09-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICRL OP No. 22834 of 2025KulasivelS/o.Neelamannadi, No.1/1, North Street, Panrimalai, Perumbarai, Dindigul District.Petitioner(s)VsThe State Rep.byInspector of Police Tiruppur South Police Station, Tiruppur District. Crime No.512 of 2025Respondent(s)CRL OP No. 22834 of 2025PRAYERpleased to enlarge the petitioner on Bail in Crime No.512 of 2025 on the file of the respondent police and thus render justice1/7 https://www.mhc.tn.gov.in/judis CRL OP No. 22834 of 2025For Petitioner(s):Mr.T. PadmanabhanFor Respondent: Mr.A.Gopinath,Govt. Advocate (Crl. Side)ORDERThe petitioner, who was arrested and remanded to judicial custody on 10.07.2025 for the alleged offence under Section 296(b) and 103(1) of BNS in Crime No.512 of 2025 on the file of the respondent police, seeks bail.2. The case of prosecution is that petitioner is brother-in-law of deceased and on 10.07.2025, there was a wordy quarrel with regard to admitting the daughter of defacto complainant in the hospital, who was beaten by street dog, as a result of which, they attacked each other, in which, deceased fell down and sustained injury and died. Accordingly, the complaint was registered against the petitioner. 3. The learned counsel appearing for petitioner submitted that there is no specific overtact attributed against the petitioner and there is no intention to attack the deceased on that day, but he was falsely implicated in this case and he is no way connected with the offence. He would submit that he has not at all committed any of offence as alleged by the respondent police and he will abide by any condition that may be imposed by this court. He would further submit 2/7 https://www.mhc.tn.gov.in/judis CRL OP No. 22834 of 2025that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 61 days from 10.07.2025. Hence, he prayed to grant bail to the petitioner. 4. The learned Government Advocate (Crl. Side) appearing for respondent raised objections stating that on that day, the petitioner attacked the husband of defacto complainant, due to which, he died, but all were close relatives and the petitioner is arrayed as sole accused. He would submit that no previous case pending against him. He would submit that that if he is released on bail, he would tamper the witnesses and hamper the investigation and the investigation is almost completed. Hence, he vehemently opposed to grant bail to the petitioner. 5. Considering the above facts and circumstances, and also considering the fact that according to prosecution, with regard to admitting daughter of defacto complainant in hospital, who was beaten by a street dog, there was a wordy quarrel between them, as a result of which, the deceased fell down and died, investigation is almost completed, no previous bad antecedents against him and also considering the period of incarceration undergone by the petitioner from 10.07.2025 for more than 61 days, this Court is inclined to grant bail to the petitioner subject to the following conditions:3/7 https://www.mhc.tn.gov.in/judis CRL OP No. 22834 of 20256. 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, in which one surety must be a blood surety, for a like sum to the satisfaction of the Judicial Magistrate No.II, Tiruppur, and on further conditions that:(a) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;(b) the petitioner shall report before the respondent police on every Saturday at 10.30 a.m. for the period of four months ;(c) the petitioner shall not commit any offences of similar nature;(d) the petitioner shall not abscond either during investigation or trial;(e) the petitioner shall not tamper with evidence or witness either during investigation or trial;(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 4/7 https://www.mhc.tn.gov.in/judis CRL OP No. 22834 of 2025been 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];(g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.7. Furthermore, as per the F.I.R., on the date of occurrence, there was a wordy quarrel between the close relatives, as a result of which, he along with other accused attacked the deceased, thereby he fell down and sustained serious injuries and died. Due to the attitude of petitioner, now his wife and minor daughters are suffered and so, on seeing pathetic condition of minor children of the deceased and they have lost their father in the said occurrence. Hence, this Court recommends that it is a fit case to refer, as per 357(A) (1)(2) and (6) of Victim Compensation Scheme. The District Legal Services Authority, Tiruppur, is hereby directed to refer the matter to District Collector, Tiruppur to get compensation of Rs.3,00,000/- (Rupees three lakhs only) to the family of deceased within a period of four weeks from the date of receipt of copy of this order. After sanction of the amount of Rs.3,00,000/- as per 357(A) (1)(2) and (6) of Victim Compensation Scheme, wife of deceased is entitled to receive a sum of Rs.1,00,000/- and the remaining amount of Rs.2,00,000/- is ordered to be deposited in the name of the two minor daughters of the deceased under the guardianship of their mother in post office fixed deposit till they attain majority as interim compensation based on the available scheme in the manner 5/7 https://www.mhc.tn.gov.in/judis CRL OP No. 22834 of 2025known to law. The mother of minor children is permitted to withdraw the interest accrued alone till the children attain majority and the same may be utilized for the welfare of the children.10-09-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NorppTo1.The Judicial Magistrate No.II, Tiruppur.2.The Inspector of Police, Tiruppur South Police Station, Tiruppur Dt.3. The Superintendent of Prison, Central Prison, Coimbatore.4.The Public Prosecutor, High Court, Madras5. District Legal Services Authority, Tiruppur.6. District Collector, Tiruppur.Note :-1. Registry is directed to forthwith upload this order in the Official Website of this Court. 2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the Official Website of this Court will be watermarked and will also have a QR Code.6/7 https://www.mhc.tn.gov.in/judis CRL OP No. 22834 of 2025T.V.THAMILSELVI J.rppCRL OP No. 22834 of 2025 10-09-20257/7

CRL OP No. 22834 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 10-09-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICRL OP No. 22834 of 2025KulasivelS/o.Neelamannadi, No.1/1, North Street, Panrimalai, Perumbarai, Dindigul District.Petitioner(s)VsThe State Rep.byInspector of Police Tiruppur South Police Station, Tiruppur District. Crime No.512 of 2025Respondent(s)CRL OP No. 22834 of 2025PRAYERpleased to enlarge the petitioner on Bail in Crime No.512 of 2025 on the file of the respondent police and thus render justice1/7 https://www.mhc.tn.gov.in/judis CRL OP No. 22834 of 2025For Petitioner(s):Mr.T. PadmanabhanFor Respondent: Mr.A.Gopinath,Govt. Advocate (Crl. Side)ORDERThe petitioner, who was arrested and remanded to judicial custody on 10.07.2025 for the alleged offence under Section 296(b) and 103(1) of BNS in Crime No.512 of 2025 on the file of the respondent police, seeks bail.2. The case of prosecution is that petitioner is brother-in-law of deceased and on 10.07.2025, there was a wordy quarrel with regard to admitting the daughter of defacto complainant in the hospital, who was beaten by street dog, as a result of which, they attacked each other, in which, deceased fell down and sustained injury and died. Accordingly, the complaint was registered against the petitioner. 3. The learned counsel appearing for petitioner submitted that there is no specific overtact attributed against the petitioner and there is no intention to attack the deceased on that day, but he was falsely implicated in this case and he is no way connected with the offence. He would submit that he has not at all committed any of offence as alleged by the respondent police and he will abide by any condition that may be imposed by this court. He would further submit 2/7 https://www.mhc.tn.gov.in/judis CRL OP No. 22834 of 2025that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 61 days from 10.07.2025. Hence, he prayed to grant bail to the petitioner. 4. The learned Government Advocate (Crl. Side) appearing for respondent raised objections stating that on that day, the petitioner attacked the husband of defacto complainant, due to which, he died, but all were close relatives and the petitioner is arrayed as sole accused. He would submit that no previous case pending against him. He would submit that that if he is released on bail, he would tamper the witnesses and hamper the investigation and the investigation is almost completed. Hence, he vehemently opposed to grant bail to the petitioner. 5. Considering the above facts and circumstances, and also considering the fact that according to prosecution, with regard to admitting daughter of defacto complainant in hospital, who was beaten by a street dog, there was a wordy quarrel between them, as a result of which, the deceased fell down and died, investigation is almost completed, no previous bad antecedents against him and also considering the period of incarceration undergone by the petitioner from 10.07.2025 for more than 61 days, this Court is inclined to grant bail to the petitioner subject to the following conditions:3/7 https://www.mhc.tn.gov.in/judis CRL OP No. 22834 of 20256. 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, in which one surety must be a blood surety, for a like sum to the satisfaction of the Judicial Magistrate No.II, Tiruppur, and on further conditions that:(a) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;(b) the petitioner shall report before the respondent police on every Saturday at 10.30 a.m. for the period of four months ;(c) the petitioner shall not commit any offences of similar nature;(d) the petitioner shall not abscond either during investigation or trial;(e) the petitioner shall not tamper with evidence or witness either during investigation or trial;(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 4/7 https://www.mhc.tn.gov.in/judis CRL OP No. 22834 of 2025been 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];(g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.7. Furthermore, as per the F.I.R., on the date of occurrence, there was a wordy quarrel between the close relatives, as a result of which, he along with other accused attacked the deceased, thereby he fell down and sustained serious injuries and died. Due to the attitude of petitioner, now his wife and minor daughters are suffered and so, on seeing pathetic condition of minor children of the deceased and they have lost their father in the said occurrence. Hence, this Court recommends that it is a fit case to refer, as per 357(A) (1)(2) and (6) of Victim Compensation Scheme. The District Legal Services Authority, Tiruppur, is hereby directed to refer the matter to District Collector, Tiruppur to get compensation of Rs.3,00,000/- (Rupees three lakhs only) to the family of deceased within a period of four weeks from the date of receipt of copy of this order. After sanction of the amount of Rs.3,00,000/- as per 357(A) (1)(2) and (6) of Victim Compensation Scheme, wife of deceased is entitled to receive a sum of Rs.1,00,000/- and the remaining amount of Rs.2,00,000/- is ordered to be deposited in the name of the two minor daughters of the deceased under the guardianship of their mother in post office fixed deposit till they attain majority as interim compensation based on the available scheme in the manner 5/7 https://www.mhc.tn.gov.in/judis CRL OP No. 22834 of 2025known to law. The mother of minor children is permitted to withdraw the interest accrued alone till the children attain majority and the same may be utilized for the welfare of the children.10-09-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NorppTo1.The Judicial Magistrate No.II, Tiruppur.2.The Inspector of Police, Tiruppur South Police Station, Tiruppur Dt.3. The Superintendent of Prison, Central Prison, Coimbatore.4.The Public Prosecutor, High Court, Madras5. District Legal Services Authority, Tiruppur.6. District Collector, Tiruppur.Note :-1. Registry is directed to forthwith upload this order in the Official Website of this Court. 2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the Official Website of this Court will be watermarked and will also have a QR Code.6/7 https://www.mhc.tn.gov.in/judis CRL OP No. 22834 of 2025T.V.THAMILSELVI J.rppCRL OP No. 22834 of 2025 10-09-20257/7