High Court · 2025

CRL OP (MD) No.3055 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 17/03/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.3055 of 2025Malairajan,S/o.Pandian,No.81, Main Road, Thummakundu,Mayiladumparai, Andipatti,Varusanadu,Theni District. ... Petitioner/Accused Rank not known VsThe State of Tamil Nadu,,Rep. by the Inspector of Police,Varusanadu Police Station,Theni District.(Crime No. 8 of 2025) ... Respondent/ComplainantD.Satheesh Kumar ... Petitioner/Intervener/Defacto Complainant in Crl.M.P(MD).No.3372 of 2025 1/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.3055 of 2025 For Petitioner : Mr.Venkatesh.N, Advocate For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) for R1 For Intervener : Mr.C.Senthil Murugan Advocate PETITION FOR BAIL Under Sec.483 of BNSSPRAYER :- For Bail in Crime No.8 of 2025 on the file of the respondent-police.ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioner on 17.02.2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying togrant bail.2. The petitioner/Accused (Rank not known) was arrested and remanded tojudicial custody on 12.01.2025 for the offences punishable under Sections 296(b) and109 of BNS, 2023 in Crime No.8 of 2025 on the file of the respondent-police.2/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.3055 of 20253. The case of the prosecution is that due to business rivalry, on 11.01.2025,at about 09.30 p.m., when the defacto complainant was returning home after closinghis shop, the petitioner hurdled a petrol balloon at him, set it on fire, and caused burninjuries. The defacto complainant was thereafter admitted in the hospital. Hence, thecase.4. Mr.N.Venkatesh, learned counsel appearing for the petitioner, submits thatthe petitioner is suffering from renal disease and is therefore taking treatment at theGovernment Rajaji Hospital, Madurai. He further submits that, considering themedical grounds as well as the period of incarceration, this Court may grant bail tothe petitioner. He also submits that the petitioner is ready to abide by any conditionsthat may be imposed by this Court. Hence, he prays for granting bail to the petitioner.5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Crl. Side)appearing for the respondent-Police, submits that the petitioner was admitted in thehospital on 12.01.2025 and discharged on 12.02.2025. He further submits that thisCourt had already granted interim bail to the petitioner on 19.02.2025, subject to thecondition that he shall surrender before the Superintendent, Central Prison, Maduraion 14.03.2025, pursuant to which the petitioner surrendered before the3/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.3055 of 2025Central Prison, Madurai on 14.03.2025 at 5:00 p.m. He further submits that there arethree previous cases pending against the petitioner. He also submits that theinvestigation has not yet been completed and, at this stage, if bail is granted to thepetitioner, he may cause threat to the defacto complainant and the witnesses, therebydelaying the investigation proceedings. Accordingly, he strongly opposes to grantbail to the petitioner.6. Mr.C.Senthil Murugan, learned counsel appearing for the intervener, submitsthat if bail is granted to the petitioner, he may cause threat to the defacto complainantand witnesses. Hence, he vehemently opposes to grant bail to the petitioner. 7. This Court has considered the submissions made on either side and perusedthe records8. This Court had already granted interim bail to the petitioner on 19.02.2025 onmedical grounds. Thereafter, this Court directed the petitioner to surrender before theSuperintendent of Central Prison, Madurai, on 14.03.2025. Accordingly, the petitionersurrendered before the Superintendent of Central Prison, Madurai, on 14.03.2025, at5:00 p.m. 4/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.3055 of 20259. Considering the above, and also considering the facts that the petitioner issuffering from renal ailment and that the petitioner has permanent residence, andtherefore, there is less possibility of absconding, and taking into account of the periodof incarceration suffered by the petitioner and the bad antecedents, and with a viewto give one more opportunity to the petitioner to reform himself, this Court isinclined to grant an order of bail to the petitioner, however, subject to the followingconditions:(i) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty FiveThousand only) along with two sureties each for a like sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) to the satisfaction of the learned JudicialMagistrate, Andipatti, Theni District;(ii) The sureties shall affix their photographs and left thumb impression in theApplication for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules ofPractice, 2019']. The learned Judicial Magistrate, Andipatti, Theni District, shallobtain a copy of any one of identity proofs to ensure their identity;5/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.3055 of 2025(iii) The petitioner shall attend in accordance with the conditions of the bond tobe executed under Chapter XXXV of BNS, 2023;(iv) The petitioner shall not commit an offence similar to the offence of he isaccused, or suspected, of the commission of which he is suspected;(v) The petitioner shall not directly or indirectly make any inducement, threator promise to any person acquainted with the facts of the case so as to dissuade himfrom disclosing such facts to the Court or to any police officer or tamper with theevidence;(vi) The petitioner shall not directly or indirectly cause any threat to the defactocomplainant and the witnesses, and shall not try to contact the defacto complainanteither directly or through any electronic mode;(vii) The petition shall not enter into the Varasanadu Limit, Theni District untilfurther orders;(viii) The petitioner shall furnish his residential address and mobile number tothe the learned Judicial Magistrate, Andipatti, Theni District;6/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.3055 of 2025(ix) The petitioner shall stay at Madurai, and appear and sign before theInspector of Police, Tallakulam Police Station daily at 10.00 a.m., and 05.00 p.m., afterexecution of Suretyship, until further orders; and(x) On breach of any of the aforementioned conditions, learned JudicialMagistrate, Andipatti, Theni District, is entitled to pass appropriate orders against thepetitioner in accordance with law as if the aforementioned conditions are imposed byhim as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala[(2005) 13 SCC 283].10. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. Sd/- 17/03/2025 / TRUE COPY / 18/03/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. tsg/jen7/8 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.3055 of 2025TO1 THE JUDICIAL MAGISTRATE, ANDIPATTI, THENI DISTRICT.2 DO -THROUGH -THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.3 THE INSPECTOR OF POLICE, VARUSANADU POLICE STATION, THENI DISTRICT. 4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.5 THE OFFICER INCHARGE, DISTRICT PRISON, THENI.6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. COPY TO: THE INSPECTOR OF POLICE THALLAKULAM POLICE STATION, MADURAI.+1 CC to M/s.S.MUNIYANDI, Advocate ( SR-2949[I] dated 17/03/2025 ) ORDER IN CRL OP(MD) No.3055 of 2025 Date :17/03/2025ES/18.03.2025/8P/9CMadurai Bench of Madras High Court is issuing certified copies in this format from17/07/2023. 8/8