High Court · 2025

CRL OP (MD) No.4739 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 13/03/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.4739 of 2025Udaiyar Thalaivar @ Uthayakumar@ Chinnakumar Raja... Petitioner/A2VsThe Inspector of Police, Ettayapuram Police Station, Thoothukudi District. Crime No.85/2024 ... Respondent/ComplainantFor Petitioner: Mr.V.Kathirvelu, Senior Advocate for Mr.K.Prabhu, AdvocateFor Respondent: Mr.R.Meenakshi Sundaram, Additional Public ProsecutorPETITION FOR BAIL Under Sec.483 of BNSSPRAYER :-To grant bail for the petitioner /Accused No.2 in S.C.No.166/2024 on the file ofthe learned I Additional District and Sessions Judge, Thoothukudi District.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 CRL OP (MD) No.4739 of 2025grant bail.2. The petitioner/Accused No.2 was arrested and remanded to judicial custodyon 05.04.2024 for the offences punishable under Sections 279 and 304(A) of IPC @Sections 302 and 109 of IPC, in Crime No.85 of 2024 on the file of the respondent-Police. The final report/charge sheet has been filed before the learned I AdditionalDistrict and Sessions Judge, Thoothukudi District and the same was taken on file asS.C.No.166 of 2024.3. The case of the prosecution is that on 01.04.2024, at about 6:30 a.m., thedefacto complainant received a phone call from the petitioner, who informed himthat the complainant’s brother, R.K. Durai, had met with an accident and requestedthe complainant to come near Ettaiyapuram. Upon arriving at the scene of theincident, the complainant found his brother dead. Consequently, the complainantlodged a complaint with the respondent-police. During the course of theinvestigation, the respondent-police discovered that the petitioner had obtained asum of Rs.3,00,00,000 (Rupees Three Crores) from the deceased, R.K. Durai. When thedeceased demanded the return of the money, the petitioner allegedly conspired withaccused Nos.1 and 3 to eliminate R.K. Durai and stage the incident as an accident.Thereafter, the section of law was altered. 4. Mr.V.Kathirvelu, the learned Senior Counsel appearing for Mr.K.Prabhu, the2/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4739 of 2025learned counsel for the petitioner, submits that this is a case of an accident, which hasbeen projected as a murder due to a family dispute. He further submits that there isno material to connect the petitioner to this occurrence. He also submits that the trialhas commenced, and five witnesses have already been examined. Additionally, hesubmits that the petitioner has been in incarceration since 05.04.2024, i.e., for morethan 11 months, and is ready to abide by any conditions that may be imposed by thisCourt. Therefore, he prays for granting bail to the petitioner.5. Per contra, Mr.K.Meenakshi Sundaram, learned Additional Public Prosecutorappearing for the respondent-police, submits that the petitioner is none other than theson-in-law of the deceased. This is the fifth bail petition filed by the petitioner, ofwhich three petitions were dismissed by this Court and one was withdrawn by thepetitioner. He further submits that the trial has not concluded, and therefore, at thisstage, since the petitioner (A2) is a close relative of the deceased, if he is enlarged onbail, he may influence the family members and witnesses. . Therefore, he vehementlyopposes to grant bail to the petitioner.6. Heard on both sides. This Court has perused the records.7. Both the material and the list of witnesses have been examined. The materialwitnesses have not supported the case of the prosecution. The other witnesses areonly formal and official witnesses. Therefore, there is less possibility of influencing3/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4739 of 2025the witnesses. To be noted, this view is recorded only for the purpose of deciding thebail petition. This view, in any way, would not cause prejudice to the rights of theprosecution in establishing the case during the trial. On perusal of the records, it isseen that the petitioner has been in judicial custody since 05.04.2024, i.e., for morethan 11 months. Further, the petitioner has permanent residence and deep roots inthe society. Therefore, there is less possibility of absconding. Considering the above,this Court is inclined to grant an order of bail to the petitioner, however, subject tothe 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 I Additional Districtand Sessions Judge, Thoothukudi 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 I Additional District and Sessions Judge, ThoothukudiDistrict shall obtain a copy of any one of identity proofs to ensure their identity;(iii) The petitioner shall furnish his residential address and mobile number tothe learned I Additional District and Sessions Judge, Thoothukudi District; (iv) The petitioner shall stay in Madurai and shall appear and report before the4/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4739 of 2025Inspector of Police, Thallakulam Police Station, daily at 10:00 a.m. and 5:00 p.m. untilfurther orders, after execution of suretyship, except on the dates of hearing before theTrial Court;(v) The petitioner should not enter into Kovilpatti and Ettayapuram, till theconclusion of trial; (vi) The petitioner shall appear before the Trial Court on all hearing dateswhenever the Court requires his appearance;(vii) The petitioner shall attend in accordance with the conditions of the bond tobe executed under Chapter XXXV of BNS, 2023;(viii) The petitioner shall not commit an offence similar to the offence of he isaccused, or suspected, of the commission of which he is suspected;(ix) 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;(x) The petitioner shall not, directly or indirectly, cause any threat to thedefacto complainant, his family members, and witnesses; and (xi) On breach of any of the aforementioned conditions, learned I AdditionalDistrict and Sessions Judge, Thoothukudi District, is entitled to pass appropriate5/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4739 of 2025orders against the petitioner in accordance with law as if the aforementionedconditions are imposed by him 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/- 13/03/2025/ TRUE COPY / 14/03/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. TRP TO1 THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, THOOTHUKUDI.2 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.3 THE INSPECTOR OF POLICE, ETTAYAPURAM POLICE STATION, THOOTHUKUDI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. COPY TOTHE INSPECTOR OF POLICE, THALLAKULAM POLICE STATION, MADURAI.+1 CC to M/s.K.PRABHU, Advocate ( SR-2717[I] dated 13/03/2025 )6/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.4739 of 2025 ORDER IN CRL OP(MD) No.4739 of 2025 Date :13/03/2025RS/IT/SAR-(14.03.2025) 7P 7CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/20237/7