High Court · 2025

CRL OP (MD) No.6621 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 29/04/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.6621 of 2025Nagaraj... Petitioner/Accused No.3 Vs.The State of Tamil NaduRep. by the Inspector of Police, Ettayapuram Police Station,Thoothukudi District.Crime No.85 of 2024... Respondent/ComplainantFor Petitioner: Mr.V. Kathirvelu, Senior counsel for Mr.K.Prabhu, Advocate For Respondent: Mr.R.Meenakshi Sundaram, Additional Public ProsecutorPETITION FOR BAIL Under Sec.483 of BNSS, 2023PRAYER :-For Bail in Crime No.85 of 2024 on the file of the respondent-policeORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 07.04.2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to1/6 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.6621 of 2025grant bail.2. The petitioner/Accused No.3 was arrested and remanded to judicial custodyon 05.04.2024 for the offences punishable under Sections 279 and 304(A) of IndianPenal Code, 1860 @ Sections 302 r/w. 109 of Indian Penal Code, 1860, in Crime No.85of 2024 on the file of the respondent-police. After investigation, the respondent-policefiled the final report, and the same was taken on file by the learned I AdditionalDistrict and Sessions Judge, Thoothukudi, in S.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 A2, who informed him that thecomplainant’s brother, R.K.Durai, had met with an accident and requested thedefacto complainant to come near Ettaiyapuram. Upon arriving at the scene of theincident, the defacto complainant found his brother dead. Consequently, the defactocomplainant lodged a complaint with the respondent-police. During the course of theinvestigation, the respondent-police discovered that A2 had obtained a sum ofRs.3,00,00,000 (Rupees Three Crores) from the deceased, R.K.Durai. When thedeceased demanded the return of the money, A2 allegedly conspired with A1 and thepetitioner (A3) to eliminate R.K. Durai and stage the incident as an accident.Thereafter, the section of law was altered.4. Mr.V.Kathirvelu, learned Senior Counsel appearing for the petitioner,2/6 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.6621 of 2025submits that the petitioner is an innocent person, that he has not committed anyoffence as alleged by the prosecution, and that a false case has been foisted againstthe petitioner. He further submits that the petitioner has been in judicial custodysince 05.04.2024 and is ready to abide by any conditions that may be imposed by thisCourt. He therefore prays to grant bail to the petitioner.5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutorappearing for the respondent-police, submits that the trial has commenced and onlythe official witnesses remain to be examined. He further submits that, at this stage, ifthe petitioner is enlarged on bail, he may abscond, thereby causing delay in the trialproceedings and may also cause threat to the defacto complainant and his familymembers. Accordingly, he strongly opposes to grant bail to the petitioner. 6. Heard on both sides and perused the records.7. The petitioner was arrested on 05.04.2024 and has been in judicial custodysince then. In view of the offences allegedly committed by the petitioner and the factthat the trial has commenced and only the official witnesses remain to be examinedand taking note of the fact that A2 was already enlarged on bail by this Court videorder dated 13.03.2025 in Crl.O.P. (MD) No.4739 of 2025, this Court is of the opinionthat further custody of the petitioner is not necessary for the Investigating Agency inthis case. Considering the same and and also considering the period of incarceration,3/6 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.6621 of 2025this Court is inclined to grant bail to the petitioner, however, subject to certainconditions. Accordingly, bail is granted to the petitioner subject to the followingconditions:(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 No.II, Kovilpatti;(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 No.II, Kovilpatti shall obtain a copyof any one of identity proofs to ensure their identity;(iii) The petitioner shall furnish his residential address and mobile number tosatisfaction of the learned Judicial Magistrate No.II, Kovilpatti; (iv) The petitioner shall appear and sign before the learned Judicial MagistrateNo.II, Kovilpatti, on all working days at 10.30 am until further orders;(v) The petitioner shall attend in accordance with the conditions of the bond tobe executed under Chapter XXXV of BNS, 2023;(vi) 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;(vii) The petitioner shall not directly or indirectly make any inducement, threat4/6 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.6621 of 2025or 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; (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, his family members and the witnesses and shall also not try to contactthe defacto complainant either directly or through any electronic mode; and(x) On breach of any of the aforementioned conditions, the learned JudicialMagistrate No.II, Kovilpatti 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/- 29/04/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. 5/6 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.6621 of 2025TRPTO1 THE JUDICIAL MAGISTRATE NO.II,KOVILPATTI.2 DO THROUGH THE CHIEF JUDICIALMAGISTRATE, THOOTHUKUDI DISTRICT.3 THE SUPERINTENDENT,CENTRAL PRISON, PALAYAMKOTTAI.4 THE INSPECTOR OF POLICE, ETTAYAPURAM POLICE STATION,THOOTHUKUDI DISTRICT.5 THE ADDITIONAL PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.6621 of 2025 Date :29/04/2025SA/SAR. /02.05.2025/6P/6CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6