High Court · 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 20.03.2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.4677 of 2025Ajith Kumar ... Petitioner/Accused No.3 VsThe State of Tamil NaduRep. by the Inspector of Police,Uthamapalayam Police Station,Theni District.Crime No.10 of 2025 ... Respondent/Complainant For Petitioner : Mr.R.L.Dhilipan Pandian For Respondent : Mr.R.Meenakshi Sundaram Additional Public ProsecutorPETITION FOR BAIL Under Sec.483 of BNSSPRAYER :- For bail in Crime No.10 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 11.03.2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to1/7 https://www.mhc.tn.gov.in/judis grant bail.2. The petitioner/Accused No.3 was arrested and remanded to judicial custodyon 13.01.2025 for the alleged offences punishable under Sections 109, 115(2), 126(2),127(2), 191(2), 191(3), 296(b) & 351(3) of Bharatiya Nyaya Sanhita (BNS), 2023 @Sections 191(2), 191(3), 126(2), 296(b), 115(2), 118(1), 109, 351(3) & 103(1) of BharatiyaNyaya Sanhita (BNS), 2023 in Crime No.10 of 2025 on the file of the respondent-police.3. The case of the prosecution is that on 01.01.2025, when A2 was riding his bikerashly, the defacto complainant and one Mohan warned him, and therefore, a scufflearose between them. Due to the said enmity, on 12.01.2025, at about 9.45 p.m., A2,along with the petitioner (A3) and other accused persons (A1 and A4 to A6),intercepted the defacto complainant and the said Mohan, abused them in filthylanguage, and A1 stabbed Mohan in the stomach with a knife while the petitioner/A3and A4 were holding Mohan. When the defacto complainant attempted to safeguardhim, A5 and A6 held the defacto complainant, and A1 attacked the defactocomplainant on his head with a knife. The defacto complainant and the said Mohanwere admitted in the hospital. Later, Mohan succumbed to his injuries on 15.01.2025.Hence, the case.4. Mr.R.L.Dhilipan Pandian, learned counsel appearing for the petitioner,2/7 https://www.mhc.tn.gov.in/judis submits that the petitioner is an innocent person and that he has been falselyimplicated in this case. He further submits that the petitioner has been in judicialcustody since 13.01.2025. He also submits that the petitioner was not involved in anyother case except this one and that one of the co-accused persons i.e., A5, was grantedbail by the learned Principal Sessions Judge, Theni, in Crl.M.P. No. 629 of 2025, on17.03.2025. He further submits that the petitioner is ready to abide by any stringentconditions that may be imposed by this Court. He therefore prays to grant bail to thepetitioner.5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutorappearing for the respondent-police, submits that the petitioner and the otheraccused person/A4 were holding the hands of the deceased while A1 stabbed thedeceased with a knife. He further submits that the defacto complainant was admittedin the hospital on 12.01.2025 and discharged on 15.01.2025, and the deceasedsuccumbed to his injuries on 15.01.2025. He also submits that the investigation iscomplete, and the respondent-police are going to file the charge sheet after obtainingthe postmortem report. He further submits that the petitioner has no previous cases.However, he submits that if bail is granted to the petitioner, he may cause threat tothe defacto complainant, the family members of the deceased, and other witnesses.Accordingly, he prays to dismiss this Criminal Original Petition.3/7 https://www.mhc.tn.gov.in/judis

6. Heard on both sides. This Court has perused the records.7. The petitioner was arrested on 13.01.2025 and has been in judicial custodysince then. The overt act of the petitioner in this case is that the petitioner and theother accused person/A4 were holding the hands of the deceased while A1 stabbedhim with a knife. One of the victims, i.e., the defacto complainant, was admitted tothe hospital on 12.01.2025 and discharged on 15.01.2025, and another victim, i.e., thedeceased, died on 15.01.2025. However, the petitioner has no previous cases.Considering the same and the overt act of the petitioner, and taking note of theperiod of incarceration and the facts that this is a case in counter and one of the co-accused person/A5 has already been granted bail, this Court is inclined to grant bailto the petitioner, however, subject to certain conditions. Accordingly, bail is grantedto the petitioner subject to the following conditions:(i) The petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousandonly) along with two sureties each for a like sum of Rs.10,000/- (Rupees TenThousand only) to the satisfaction of the learned Judicial Magistrate,Uthamapalayam, Theni;(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, Uthamapalayam, Theni shall obtain4/7 https://www.mhc.tn.gov.in/judis 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 which heis accused, 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 Judicial Magistrate, Uthamapalayam, Theni;(vii) The petitioner shall stay at Madurai after execution of Suretyship, andappear and sign before the Inspector of Police, Mattuthavani Police Station, Maduraidaily at 10.00 a.m. and 5.00 p.m., until further orders;(viii) The petitioner shall not enter into the defacto complainant's house orworkplace;(ix) The petitioner shall not directly or indirectly cause any threat to the defactocomplainant, the family members of the deceased and the witnesses, and shall alsonot try to contact the defacto complainant either directly or through any electronic5/7 https://www.mhc.tn.gov.in/judis mode; and(x) On breach of any of the aforementioned conditions, the learned JudicialMagistrate, Uthamapalayam, Theni 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].8. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 20/03/2025 / TRUE COPY / 21/03/2025 Sub-Assistant Registrar () Madurai Bench of Madras High Court, Madurai - 625 023. apdTO1 THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM, THENI.2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI.3 THE OFFICER INCHARGE, DISTRICT PRISON, THENI.4 THE INSPECTOR OF POLICE, UTHAMAPALAYAM POLICE STATION, THENI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.6/7 https://www.mhc.tn.gov.in/judis COPY TO THE INSPECTOR OF POLICE, MATTUTHAVANI POLICE STATION, MADURAI. ORDER IN CRL OP(MD) No.4677 of 2025 Date :20/03/2025 NBF/ SAR/ (21/03/2025) 7P/7CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/20237/7