High Court · 2025

CRL OP(MD). No.3382 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 24/02/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD). No.3382 of 2025A.Mathalai Muthu @ Vazhakatta Thangam ... Petitioner/A11 VsThe State of Tamil Nadu,Rep by the Inspector of Police, Dindigul Town South Police Station, Dindigul District. Crime No.85/2018. ... Respondent/Complainant For Petitioner : Mr.S.Sarvagan Prabhu, Advocate. For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSSPRAYER :- To release the petitioner on bail in S.C No. 132 of 2024 in CrimeNo.85/2018 on the file of the learned Additional District and Sessions Judge,Dindigul.ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioner on 20.02.20251/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.3382 of 2025under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying togrant bail.2. The petitioner/Accused No.11 was arrested on the basis of Non BailableWarrant issued against him and remanded to judicial custody on 23.01.2025. Thepetitioner is facing trial in S.C No.132 of 2024 on the file of the learned AdditionalDistrict and Sessions Judge, Dindigul for the offences punishable under Sections 302,120(B) and 109 of IPC in connection with Crime No.85 of 2018 on the file of therespondent-Police.3. The case of the prosecution is that the deceased was the son of the defactocomplainant. Accused Nos.2 to 13 are close relatives. Accused No.1 had a love affairwith one Geethalakshmi, the daughter of the defacto complainant. The deceasedSakthivel and one Datchnamoorthi are the siblings of Geethalakshmi. The deceasedSakthivel and Datchnamoorthi objected to the love affair between Accused No.1 andtheir sister Geethalakshmi. As a result, Geethalakshmi committed suicide. Due tothis, Accused No.1 held a grudge against the brothers of Geethalakshmi.Subsequently, Accused No.1 along with other accused persons conspired andmurdered the deceased on 28.01.2018. Based on the complaint preferred by thedefacto complainant, the respondent-Police registered a case in Crime No.85 of 2018for the offences punishable under Sections 147, 148, 341 302, 506(ii), 120(B), 109 and2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.3382 of 2025149 of IPC and the respondent-Police filed a final report before the concerned Courton 20.04.2018 and the same was committed to the Sessions Court, Dindigul inS.C.No.132 of 2024 and the same is pending before the learned Additional Districtand Sessions Judge, Dindigul.4. Mr.S.Sarvagan Prabhu, learned counsel appearing for the petitioner, submitsthat the petitioner was convicted in S.C.No.36 of 2018 and he was in prison. Since theprison authorities failed to produce the petitioner before the trial Court in S.C.No.132of 2025, the learned Trial Judge issued a Non Bailable Warrant against the petitioneron 02.01.2025. The petitioner was formally arrested on 23.01.2025 through thePrisoner Transit Warrant. He further submits that In fact, the petitioner was confinedin the Central Prison, Madurai, serving a life sentence following the conviction inS.C.No.36 of 2018, passed by the learned Additional District and Sessions Judge,Dindigul, on 15.11.2022. As against which, the petitioner preferred appeal before thisCourt in Crl.A.(MD).No.137 of 2023 and the said appeal was allowed and thepetitioner was acquitted for the charges levelled against him by the judgement dated30.01.2025. Therefore, he prays for granting bail to the petitioner.5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Criminalside) appearing for the respondent-police, submits that there are eight previous casesagainst the petitioner, out of which six cases are disposed of and two case are3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.3382 of 2025pending. He further submits that the petitioner did not appear before the trial Courtand hence, non bailable warrant was issued against the petitioner on 02.01.2025.Hence, the petitioner was produced before the Court through Prisoner TransitWarrant and arrested formally in this case on 23.01.2025 through Prisoner TransitWarrant. He however opposes to grant bail to the petitioner. 6. Heard on both sides. This Court has perused the records.7. It is stated that the petitioner was already in judicial custody for lifeconviction in S.C.No.36 of 2018 on the file of the learned Additional District andSessions Judge, Dindigul. Hence, he could not appear before the trial Court on02.01.2025. Hence, the absence of the petitioner on 02.01.2025 cannot be termed aswillful and wanton. The petitioner was formally arrested in this case on 23.01.2025.On perusing the records, it reveals the fact that the petitioner has permanentresidence and hence, there is less possibility of absconding. Considering the same andwith a view to give one more opportunity to reform himself, this Court is inclined togrant bail to the petitioner, however, subject to certain conditions. Accordingly, bail isgranted to the petitioner subject to the following conditions:(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/- (RupeesTwenty Five Thousand Only) to the satisfaction of the learned Additional District and4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.3382 of 2025Sessions Judge, Dindigul;(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 Additional District and Sessions Judge, Dindigul shallobtain a copy of any one of identity proofs to ensure their identity;(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 furnish his residential address and mobile number tothe learned Additional District and Sessions Judge, Dindigul;(vii) The petitioner shall appear and sign before the learned Additional Districtand Sessions Judge, Dindigul on all working days at 10.30 a.m., until further ordersand on all hearing dates when the when the Court requires his appearance; and(viii) On breach of any of the aforementioned conditions, learned Additional5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.3382 of 2025District and Sessions Judge, Dindigul, is entitled to pass appropriate orders againstthe petitioner in accordance with law as if the aforementioned conditions areimposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State ofKerala [(2005) 13 SCC 283].7. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 24/02/2025 / TRUE COPY / 24/02/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. TSGTO1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, DINDIGUL.2 THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.3 THE INSPECTOR OF POLICE, DINDIGUL TOWN SOUTH POLICE STATION, DINDIGUL DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.S.SARVAGAN PRABHU, Advocate ( SR-1994[I] dated 24/02/2025 )6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.3382 of 2025 ORDER IN CRL OP(MD) No.3382 of 2025 Date :24/02/2025 SA/SAR. /24.02.2025/7P/6CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 7/7