High Court · 2025

CRL OP(MD). No.7576 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 25/04/2025PRESENTThe HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD). No.7576 of 2025Kamatchi @ Bharathi @Barotta Bharathi ... Petitioner/Sole Accused Vs.The State of Tamil NaduRep. by the Inspector of Police,Kadupatti Police Station,Madurai District. (In Crime No.99 of 2013) ... Respondent/Complainant For Petitioner : Mr.K.Sheenivasan, Advocatefor C.Saravana Kumar, Advocate For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSSPRAYER :- To enlarge the petitioner on bail in the case in S.C.No.447 of 2020 on thefile of the learned V District and sessions Judge, Madurai, in connection with CrimeNo.99 of 2013 on the file of the respondent-police.1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7576 of 2025ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 23.04.2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying togrant an order of bail.2. The petitioner/Sole Accused was arrested and remanded to judicial custodyon 07.12.2024 on the basis of Non-Bailable Warrant issued against him. The petitioneris facing trial in S.C.No.447 of 2020 on the file of the learned V Additional DistrictJudge and Sessions Judge, Madurai, for the offences punishable under Sections 302,383 and 379 of Indian Penal Code, 1860, in connection with Crime No.99 of 2013 onthe file of the respondent-police.3. The case of the prosecution is that, on 14.07.2013, the defacto complainant,viz., the Village Administrative Officer of Katchiraaeruppu, Madurai District, wasinformed that an abandoned male body found in a coconut grove belonged to oneSubramanian. Subsequently, he proceeded to the spot at around 8:00 a.m., found thebody, and lodged a complaint. During the investigation, it was revealed that thepetitioner was involved in the death of the said Subramanian. Hence, the case.4. Mr.K.Sheenivasan, learned counsel appearing for the petitioner, submits thatthe learned counsel on record appearing before the trial Court passed away. Since thepetitioner did not aware of the date of hearing, on 12.01.2024, he failed to appear2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7576 of 2025before the trial Court and hence, Non Bailable warrant was issued against him andthe same was executed on 07.12.2024. He further submits that the petitioner has beenjudicial custody since 07.12.2024 and is ready to abide by any conditions that may beimposed by this Court. He further submits that if bail is granted to the petitioner, hewill not abscond and will co-operate with the trial proceedings. He therefore prays togrant bail to the petitioner.5. Per contra, Mr.R.Meenakshi Sundaram, the learned Additional PublicProsecutor appearing for the respondent-police, submits that a Non-Bailable Warrantwas issued against the petitioner on 12.01.2024, and the same was executed on07.12.2024, i.e., after a period of eleven months. In the meantime, the petitioner wasarrested in connection with a case in Crime No.571 of 2024 on the file of theSubramaniyapuram Police Station. He further submits that the trial has nowcommenced, and the case is posted for trial on 30.04.2025. If bail is granted to thepetitioner, he may abscond and thereby cause delay in the trial proceedings. Hefurther submits that there is one previous case pending against the petitioner.Accordingly, he prays to dismiss this Criminal Original Petition.6. Heard both sides and perused the records. 3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7576 of 20257. The petitioner was arrested on 07.12.2024 on the basis of Non-BailableWarrant issued against him on 12.01.2024, as he had failed to appear before the TrialCourt for the hearing. The contention of the petitioner is that he did not appear onthat day, i.e., 12.01.2024, as his counsel before the Trial Court had passed away, andhe was unaware of the hearing date. In view of the above, this Court is of the opinionthat one more opportunity may be granted to the petitioner to appear before the TrialCourt and co-operate with the trial proceedings. Further, the petitioner has apermanent residence, and therefore, there is less possibility of absconding.Considering the above cumulative circumstances, the period of incarceration, and inthe interest of justice, and with a view to ensuring a fair trial, this Court is inclined togrant bail to the petitioner, however, subject to certain 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 V Additional District and SessionsJudge, Madurai;(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 V Additional District and Sessions Judge, Madurai, shallobtain 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.7576 of 2025(iii) The petitioner shall furnish his residential address and mobile number tothe learned V Additional District and Sessions Judge, Madurai;(iv) The petitioner shall appear and sign before the learned V AdditionalDistrict and Sessions Judge, Madurai, weekly twice (ie., on Monday and Friday) at10.30 a.m., until further orders and on all hearing dates when the Court requires hisappearance;(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 he isaccused, or suspected, of the commission of which he is suspected;(vii) 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; and(viii) On breach of any of the aforementioned conditions, the learned VAdditional District and Sessions Judge, Madurai, is entitled to pass appropriateorders 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].5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7576 of 20258. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 25/04/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. VSG TO1.The V Additional District and Sessions Judge, Madurai2.The Superintendent, Central Prison, Madurai.3.The Inspector of Police, Kadupatti Police Station, Madurai District.6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7576 of 20254.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.7576 of 2025 Date :25/04/2025 PP/SAR. /24.04.2025/7P/5CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 7/7