High Court · 2025

CRL OP (MD) No.6880 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 28.04.2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.6880 of 20251.Mariraj2.Chermakani... Petitioners/Accused No.2 & 3 Vs.The State of Tamil NaduRep. by the Inspector of Police,Kovilpatti West Police Station.Crime No.348 of 2024... Respondent/ComplainantFor Petitioners: Mr.A.Arun Ramnath AdvocateFor Respondent: Mr.R.Meenakshi Sundaram Additional Public ProsecutorPETITION FOR BAIL Under Sec.483 of BNSS, 2023PRAYER :-To enlarge the petitioners on bail in the case in S.C.No.268 of 2024 on the file ofthe learned I Additional District and Sessions Judge, Thoothukudi in connectionwith Crime No.348 of 2024 on the file of the respondent-police.1/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.6880 of 2025ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioners on 09.04.2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 prayingto grant bail.2. The petitioners/Accused Nos.2 & 3 were arrested and remanded to judicialcustody on 20.06.2024 for the alleged offences punishable under Sections 302, 201 &449 of Indian Penal Code, 1860 in Crime No.348 of 2024 on the file of therespondent-police. After completion of investigation, the respondent-police filed thecharge sheet, and the same was taken on file as S.C.No.268 of 2024 by the learned IAdditional District and Sessions Judge, Thoothukudi.3. The case of the prosecution is that the petitioners along with other accusedconspired, trespassed into the house of the deceased and murdered him. Hence thecase.4. Mr.A.Arun Ramnath, learned counsel appearing for the petitioners, submits2/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.6880 of 2025that the petitioners did not commit any offence as alleged by the prosecution andthat a false case has been foisted against them. He further submits that thepetitioners have been in judicial custody since 20.06.2024 and are ready to abide byany condition that may be imposed by this Court. He therefore prays to grant bail tothe petitioners.5. Per contra, Mr.R.Meenakshi Sundaram, the learned Additional PublicProsecutor appearing for the respondent-police, submits that the investigation hasbeen completed and the charge sheet has been filed in S.C.No.268 of 2024 on the fileof the learned I Additional District and Sessions Judge, Thoothukudi. He furthersubmits that each of the petitioners has two previous cases registered against them.He also submits that if the petitioners are enlarged on bail, they may abscond,thereby causing delay in the trial, and may also cause threat to the defactocomplainant, the family members of the deceased, and the witnesses. Accordingly,he prays to dismiss this Criminal Original Petition.6. Heard on both sides and perused the records.7. The petitioners were arrested on 20.06.2024 and have been in judicial3/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.6880 of 2025custody since then. In view of the fact that the investigation has been completed andthe charge sheet has been filed in S.C.No.268 of 2024 on the file of the learned IAdditional District and Sessions Judge, Thoothukudi, this Court is of the opinionthat further custody of the petitioners is not necessary for the Investigating Agencyin this case. Further, the petitioners have permanent residence, and therefore, thereis less of possibility of absconding. Considering the same and also considering theperiod of incarceration and with a view to give one more opportunity to thepetitioners to reform themselves, this Court is inclined to grant bail to thepetitioners, however, subject to certain conditions. Accordingly, bail is granted tothe petitioners subject to the following conditions:(i) The petitioners shall execute a bond for Rs.10,000/- (Rupees Ten Thousandonly) each along with two sureties each for a like sum of Rs.10,000/- (Rupees TenThousand only) to the satisfaction of the learned I Additional District and SessionsJudge, Thoothukudi;(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, Thoothukudishall obtain a copy of any one of identity proofs to ensure their identity;4/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.6880 of 2025(iii) The petitioners shall furnish their residential address and mobile numberto the learned I Additional District and Sessions Judge, Thoothukudi;(iv) The petitioners shall stay at Madurai after execution suretyship and shallappear and sign before the Inspector of Police, Anna Nagar Police Station, Maduraidaily at 09.00 am and 06.00 pm, until further orders. Further, the petitioners shallappear before the Trial Court on all hearing dates without fail, by informing theInspector of Police, Anna Nagar Police Station, Madurai, and producing evidence ofsuch appearance;(v) The petitioners shall attend in accordance with the conditions of the bondto be executed under Chapter XXXV of BNS, 2023;(vi) The petitioners shall not commit an offence similar to the offence of whichthey are accused, or suspected, of the commission of which they are suspected;(vii) The petitioners shall not directly or indirectly make any inducement,threat or promise to any person acquainted with the facts of the case so as todissuade him from disclosing such facts to the Court or to any police officer ortamper with the evidence;(viii) The petitioners shall not cause any threat to the defacto complainant, thefamily members of the deceased and the witnesses and shall also not try to contactthem either directly or through any electronic mode; and 5/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.6880 of 2025(ix) On breach of any of the aforementioned conditions, the learned IAdditional District and Sessions Judge, Thoothukudi is entitled to pass appropriateorders against the petitioners 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/- 28/04/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023. MBI6/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.6880 of 2025TO1.THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, THOOTHUKUDI.2.THE INSPECTOR OF POLICE, KOVILPATTI WEST POLICE STATION, THOOTHUKUDI.3.THE INSPECTOR OF POLICE, ANNA NAGAR POLICE STATION, MADURAI.4.THE OFFICER-IN-CHARGE, SUB JAIL, PERURANI, THOOTHUKUDI.5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.6880 of 2025 Date :28/04/2025 PR/29.04 .2025 7P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7