High Court · 2025

Crl.O.P.(MD).No.4096 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 07/03/2025PRESENTTHE HONOURABLE MR.JUSTICE R.SAKTHIVELCRL OP(MD). Nos.4096, 4099 & 4110 of 2025Crl.O.P.(MD).No.4096 of 2025Vivek... Petitioner/Accused No.2VsThe Inspector of Police,Vallathirakottai Police Station,Pudukottai District.(Crime No. 14 of 2025) ... Respondent/ComplainantFor Petitioner : Ms.S.Prabha, AdvocateFor Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side)Crl.O.P.(MD).No.4099 of 2025Karthick... Petitioner/Accused No.1VsThe Inspector of Police,Vallathirakottai Police Station,Pudukottai District.(Crime No. 14 of 2025) ... Respondent/ComplainantFor Petitioner : Mr.D.Ramesh Kumar, AdvocateFor Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side)Crl.O.P.(MD).No.4110 of 20251.Deva2.Parthiban @ Kalai3.Saravanan4.Vijayabaskar ... Petitioners/Accused Nos.6 to 91/8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.4096 of 2025VsThe Inspector of Police,Vallathirakottai Police Station,Pudukottai District.(Crime No. 14 of 2025)... Respondent/ComplainantFor Petitioners : Ms.S.Prabha, AdvocateFor Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side)PETITIONS FOR BAIL Under Sec.483 of BNSSCOMMON PRAYER :-For Bail in Crime No.14 of 2025 on the file of the respondent-police.COMMON ORDER : The Court made the following common order :-These Criminal Original Petitions have been filed by the petitioners on03.03.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023,praying to grant an order of bail.2. The petitioners were arrested and remanded to judicial custody on 10.02.2025and 13.02.2025 respectively for the offences punishable under Sections 191(2), 191(3),126(2), 296(b), 115(2), 118(1), 109(1) and 351(3) of BNS, 2023 in Crime No.14 of 2025 onthe file of the respondent-police.3. The case of the prosecution is that due to a prior enmity regarding thesubmersion of the Vinayagar idol, on 09.02.2025, at about 04.30 p.m., nearThoppukollai Camp, the petitioners unlawfully assembled with deadly weapons,waylaid the victim, abused him by using filthy language, and assaulted him, causing2/8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.4096 of 2025grievous injury in his tarsal area. Hence, the case. 4. Ms.S.Prabha, learned counsel appearing for the petitioners in Crl.O.P.(MD)Nos.4096 and 4110 of 2025, and Mr.D.Ramesh Kumar, learned counsel appearing forthe petitioner in Crl.O.P.(MD) No.4099 of 2025, submit that the petitioners havenothing to do with the alleged offence and that they have been falsely implicated inthis case. They further submit that, in fact, the defacto complainant and theirassociates assaulted the petitioners and their friends, and that there are case andcounter case pending investigation before the respondent-police in Crime Nos.14 and15 of 2025. They further submit that the petitioner in Crl.O.P.(MD) No.4096 of 2025,viz., Vivek, has also suffered grievous injuries. They further submit that thepetitioners in Crl.O.P.(MD) Nos.4099 and 4110 of 2025 were arrested and remandedto judicial custody on 10.02.2025, and the petitioner in Crl.O.P.(MD) No.4096 of 2025was arrested and remanded to judicial custody on 13.02.2025. They further submitthat the petitioners are law-abiding citizens and are ready to abide by any conditionsthat may be imposed by this Court, and that they will not abscond in the future ortamper with the evidence. Hence, they pray that bail be granted to the petitioners.5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Crl. Side)appearing for the respondent-Police, submits that the petitioner in Crl.O.P.(MD).No.4099 of 2025/Accused No.1 has three previous cases, the petitioner in Crl.O.P.3/8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.4096 of 2025(MD)No.4096 of 2025/Accused No.2 has four previous cases and he is a history-sheeted rowdy, one of the petitioners in Crl.O.P.(MD).No.4110 of 2025 viz.,Saravanan/Accused No.8 has one previous case, and the petitioner Nos.1, 2 and 4 inCrl.O.P.(MD).No.4110 of 2025/Accused Nos.6, 7 and 9 viz., Deva, Parthiban andVijayabaskar have no previous case. He further submits that if the petitioners arereleased on bail, they will cause threat to the defacto complainant, his brothersincluding the victim, their friends, and witnesses, and that they will create law andorder problem in the society. Hence, he vehemently opposes to grant bail to thepetitioners.6. Heard on both sides. This Court has perused the records.7. Considering the bad antecedents and the overt act allegedly committed bythe petitioner in Crl.O.P.(MD) No.4099 of 2025 and the petitioner in Crl.O.P.(MD)No.4096 of 2025, this Court is not inclined to grant bail to the above said petitioners. 8. As far as the third petitioner in Crl.O.P.(MD)No.4110 of 2025 viz.,Saravanan/Accused No.8 is concerned, he has one previous case, which is related tothe offences punishable under NDPS Act. Hence, this Court is of the opinion that ifbail is granted to the third petitioner in Crl.O.P.(MD)No.4110 of 2025 viz.,Saravanan/ Accused No.8, he will cause threat to the defacto complainant andwitnesses, and commit the similar offence again. Hence, this Court is also not inclined4/8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.4096 of 2025to grant bail to the third petitioner in Crl.O.P.(MD)No.4110 of 2025 viz., Saravanan/Accused No.8. 9. As far as the petitioner Nos.1, 2 and 4 in Crl.O.P.(MD) No.4110 of 2025/A6,A7, A9 are concerned, they were arrested and have been in judicial custody since10.02.2025. On perusing the records, it reveals the fact that the petitioner Nos.1, 2 and4 in Crl.O.P.(MD) No.4110 of 2025/A6, A7, A9 have permanent residence and deeproots in the society and hence, there is less possibility of absconding. Considering thesame and also considering the fact that the petitioner Nos.1, 2 and 4 in Crl.O.P.(MD)No.4110 of 2025/A6, A7, A9 are first offenders and with a view to give anopportunity to the petitioner Nos.1, 2 and 4 in Crl.O.P.(MD) No.4110 of 2025/A6, A7,A9 to reform themselves, this Court is inclined to grant bail to them, however, subjectto certain conditions. Accordingly, bail is granted to the petitioner Nos.1, 2 and 4 inCrl.O.P.(MD) No.4110 of 2025/A6, A7, A9 subject to the following conditions:(i) The petitioner Nos.1, 2 and 4 in Crl.O.P.(MD) No.4110 of 2025 shall execute abond for Rs.25,000/- (Rupees Twenty Five Thousand only) each along with twosureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) tothe satisfaction of the learned Judicial Magistrate I, Pudukkottai, PudukkottaiDistrict;(ii) The sureties shall affix their photographs and left thumb impression in the5/8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.4096 of 2025Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules ofPractice, 2019']. The learned Judicial Magistrate I, Pudukkottai, Pudukkottai District,shall obtain a copy of any one of identity proofs to ensure their identity;(iii) The petitioner Nos.1, 2 and 4 in Crl.O.P.(MD) No.4110 of 2025 shall attendin accordance with the conditions of the bond to be executed under Chapter XXXV ofBNS, 2023;(iv) The petitioner Nos.1, 2 and 4 in Crl.O.P.(MD) No.4110 of 2025 shall notcommit an offence similar to the offence of which they are accused, or suspected, ofthe commission of which they are suspected;(v) The petitioner Nos.1, 2 and 4 in Crl.O.P.(MD) No.4110 of 2025 shall notdirectly or indirectly make any inducement, threat or promise to any personacquainted with the facts of the case so as to dissuade him from disclosing such factsto the Court or to any police officer or tamper with the evidence;(vi) The petitioner Nos.1, 2 and 4 in Crl.O.P.(MD) No.4110 of 2025 shall also notdirectly or indirectly cause threat to the defacto complainant and the witnesses;(vii) The petitioner Nos.1, 2 and 4 in Crl.O.P.(MD).No.4110 of 2025 shall furnishtheir residential address and mobile number to the learned Judicial Magistrate I,Pudukkottai, Pudukkottai District;(viii) The petitioner Nos.1, 2 and 4 in Crl.O.P.(MD).No.4110 of 2025 shall appear6/8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.4096 of 2025and sign before the learned Judicial Magistrate I, Pudukkottai, Pudukkottai Districton all working days at 10.30 a.m., until further orders; and(ix) On breach of any of the aforementioned conditions, the learned JudicialMagistrate I, Pudukkottai, Pudukkottai District is entitled to pass appropriate ordersagainst the petitioner Nos.1, 2 and 4 in Crl.O.P.(MD).No.4110 of 2025 in accordancewith law as if the aforementioned conditions are imposed by him as laid down by theHon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].10. In the result, (i) Crl.O.P.(MD).No.4110 of 2025 stands allowed in respect of petitioner Nos.1, 2and 4 / Accused Nos.6, 7 and 9 subject to the conditions stated supra and dismissedin respect of the third petitioner/Accused No.8.(ii) Crl.O.P.(MD).Nos.4096 and 4099 of 2025 are dismissed in respect of thepetitioners/ Accused Nos.1 and 2. sd/- 07/03/2025/ TRUE COPY / 07/03/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023. TSG7/8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.4096 of 2025TO1 THE JUDICIAL MAGISTRATE NO.I, PUDUKOTTAI, PUDUKKOTTAI DISTRICT2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.3 THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKOTTAI.4 THE INSPECTOR OF POLICE, VALLATHIRAKOTTAI POLICE STATION,PUDUKOTTAI DISTRICT.5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER INCRL OP(MD). Nos.4096, 4099 & 4110 of 2025 Date :07/03/2025RS/IT/SAR-(07.03.2025) 8P 6CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/20238/8