High Court · 2025

CRL OP (MD) No.7310 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 22/04/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.7310 of 2025Masilamani ... Petitioner/Accused No.3 Vs.The State of Tamil NaduRep. by The Inspector of Police, Bodinayakkanur Rural Police Station,Theni District.Crime No.99 of 2025 ... Respondent/ComplainantFor Petitioner: Mr.M.Jerin Mathew AdvocateFor Respondent: Mr.K.Sanjai Gandhi Government Advocate (Criminal Side)PETITION FOR BAIL Under Sec.483 of BNSSPRAYER :-For Bail in Crime No.99 of 2025 on the file of the Respondent-Police.ORDER : The Court made the following order :- 1/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7310 of 2025This Criminal Original Petition has been filed by the petitioner on 17.04.2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying togrant bail.2. The petitioner/Accused No.3 was arrested and remanded to judicial custodyon 27.03.2025 for the offences punishable under Sections 232(1), 351(2) and 49 ofBharatiya Nyaya Sanhita (BNS), 2023 in Crime No.99 of 2025 on the file of therespondent-police.3. The case of the prosecution is that, due to a previous dispute, A4 to A9murdered the defacto complainant’s husband on 31.07.2024. In connection with thesaid incident, an FIR was registered in Crime No.246 of 2024, and the case is currentlypending before the Principal District Court, Theni. A4 to A9 were enlarged on bail inthe said case. Be that as it may, at the instigation of A4 to A9, on 24.03.2025, A1 to A3came to the house of the defacto complainant, when she was present along with heraunt, and threatened her to withdraw the said case and not to depose against theaccused persons in the murder trial. Hence, the case. 4. Mr.M.Jerin Mathew, learned counsel appearing for the petitioner, submits2/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7310 of 2025that the petitioner is an innocent person and has not committed any offence asalleged by the prosecution. He further submits that the prosecution's case is aconcocted story and that the petitioner has been falsely implicated. He also submitsthat the petitioner, who has two daughters, is an auto driver and was merely calledby the other accused persons to give a ride to the defacto complainant, and that hehas no connection with the other accused persons. He further submits that thepetitioner has been in judicial custody since 27.03.2025 and is ready to abide by anyconditions that may be imposed by this Court. He therefore prays to grant bail to thepetitioner.5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (CriminalSide) appearing for the respondent-police, submits that totally, nine accused personswere involved in this case, and the petitioner herein has been arrayed as A3. Hefurther submits that there is no previous case pending against the petitioner. Hefurther submits that the investigation of the case is pending, and therefore, at thisstage, if the petitioner is enlarged on bail, he may abscond and cause threat to thedefacto complainant and witnesses. Accordingly, he strongly opposes to grant bail tothe petitioner. 3/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7310 of 20256. Heard on both sides and perused the records.7. The petitioner was arrested on 27.03.2025 and has been in judicial custodysince then. In view of the nature of offences allegedly committed by the petitionerand the period of incarceration suffered by the petitioner, this Court is of the opinionthat further custody of the petitioner is not necessary for the Investigating Agency inthis case. Further, the petitioner has permanent residence and deep roots in thesociety, and therefore, there is less possibility of absconding. Considering the sameand also considering the fact that the petitioner has no previous case and with a viewto give an opportunity to the petitioner to reform himself, this Court is inclined togrant bail to the petitioner, however, subject to certain conditions. Accordingly, bail isgranted to 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, Bodinayakanur;(ii) The sureties shall affix their photographs and left thumb impression in the4/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7310 of 2025Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules ofPractice, 2019']. The learned Judicial Magistrate, Bodinayakanur shall obtain a copyof any one of identity proofs to ensure their identity;(iii) The petitioner shall furnish his residential address and mobile number tothe learned Judicial Magistrate, Bodinayakanur; (iv) The petitioner shall appear and sign before the respondent- police daily at9.00 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, 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 the5/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7310 of 2025evidence; (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 and the witnesses and shall also not try to contact the defactocomplainant either directly or through any electronic mode; and(x) On breach of any of the aforementioned conditions, the learned JudicialMagistrate, Bodinayakanur 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/- 22/04/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. 6/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7310 of 2025TRPTO1 THE JUDICIAL MAGISTRATEBODINAYAKANUR.2 DO-THROUGH :THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.3 THE OFFICER INCHARGESUB JAIL, THEKKAMPATTY.4 THE INSPECTOR OF POLICEBODINAYAKKANUR RURAL POLICE STATION,THENI DISTRICT.5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.7310 of 2025 Date :22/04/2025 HPS/SAR / 23.04.2025/7P/6CMadurai Bench of Madras High Court is issuing certified copies in this format from17/07/2023. 7/7