High Court · 2025

CRL OP (MD) No.7940 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 29.04.2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.7940 of 2025Ayyanar... Petitioner/Accused No.4 Vs.The State of Tamil NaduRep. by the Inspector of Police,Srirangam Police Station,Tiruchirappalli District.Crime No.65 of 2025... Respondent/ComplainantFor Petitioner: Mr.R.Ilayaraja AdvocateFor Respondent: Mr.R.Meenakshi Sundaram, Additional Public ProsecutorPETITION FOR BAIL Under Sec.483 of BNSS, 2023PRAYER :-For bail in Crime No.65 of 2025 on the file of the respondent-police.1/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7940 of 2025ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 25.04.2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 prayingto grant bail.2. The petitioner / Accused No.4 was arrested and remanded to judicialcustody on 29.01.2025 for the offences punishable under Sections 191(2), 191(3), 296(b), 126(2), 103(2) and 61(2) of Bharatiya Nyaya Sanhita (BNS), 2023 in Crime No.65of 2025 on the file of the respondent-police.3. The case of the prosecution is that, due to a previous dispute between oneDhinesh Babu and the defacto complainant's husband that arose during a KabaddiTournament, on 28.01.2025, at about 08:00 a.m., when the defacto complainant’shusband was proceeding to the gym on his two-wheeler, the petitioner and otheraccused persons rammed their two-wheeler into him, pushed him down, andattacked him with deadly weapons. When the defacto complainant, her aunt, andthe friends of the defacto complainant's husband tried to intervene, the accusedpersons threatened them by brandishing aruval and then fled the scene. The defactocomplainant’s husband succumbed to his injuries on the way to the hospital. Hence2/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7940 of 2025the case.4. Mr.R.Ilayaraja, the learned counsel appearing for the petitioner, submits thatthe petitioner did not commit any offence as alleged by the prosecution and that afalse case has been foisted against him. He further submits that the petitioner hasbeen in judicial custody since 29.01.2025 and is ready to abide by any condition thatmay be imposed by this Court. He therefore prays to grant bail to the petitioner.5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional PublicProsecutor appearing for the respondent-police, submits that the petitioner caughthold of the deceased to enable the other accused persons to attack him with deadlyweapons. He further submits that the charge sheet has been prepared and will befiled shortly before the concerned Court. He further submits that the petitioner hasno previous case. However, he prays to dismiss this Criminal Original Petition.6. Heard on both sides and perused the records.7. The petitioner was arrested on 29.01.2025 and has been in judicial custody3/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7940 of 2025since then. The specific overt act attributed to the petitioner is that he caught hold ofthe deceased at the time of the offence, enabling the other accused persons to attackthe deceased with weapons. In view of the offences allegedly committed by thepetitioner and the fact that the charge sheet has been prepared, this Court is of theopinion that further custody of the petitioner is not necessary for the InvestigatingAgency in this case. Further, the petitioner has permanent residence, and therefore,there is less possibility of absconding. Considering the same and also consideringthe period of incarceration and taking note of the fact that the petitioner has noprevious case and is a first offender, this Court is inclined to grant bail to thepetitioner, however, subject to certain conditions. Accordingly, bail is granted to thepetitioner subject to the 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 District Munsif cumJudicial Magistrate, Srirangam, Tiruchirappalli;(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 District Munsif cum Judicial Magistrate, Srirangam,4/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7940 of 2025Tiruchirappalli shall obtain a copy of any one of identity proofs to ensure theiridentity;(iii) The petitioner shall furnish his residential address and mobile number tothe learned District Munsif cum Judicial Magistrate, Srirangam, Tiruchirappalli;(iv) The petitioner shall stay at Thanjavur after execution of suretyship andshall appear and sign before the Inspector of Police, Thanjavur Taluk Police Station,Thanjavur daily at 10.00 a.m. and 05.00 p.m., 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 whichhe is 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 theevidence;(viii) The petitioner shall not enter into the defacto complainant's house orworkplace and shall also not try to contact the defacto complainant either directly orthrough any electronic mode;(ix) On breach of any of the aforementioned conditions, the learned District5/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7940 of 2025Munsif cum Judicial Magistrate, Srirangam, Tiruchirappalli is entitled to passappropriate orders against the petitioner in accordance with law as if theaforementioned conditions are imposed by him as laid down by the Hon'bleSupreme 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 / /05/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023. MBITO1.THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, SRIRANGAM, TIRUCHIRAPPALLI.2.THE CHIEF JUDICIAL MAGISTRATE, TIRUCHIRAPPALLI.3.THE SUPERINTENDENT OF PRISON, CENTRAL PRISON, TIRUCHIRAPPALLI.6/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7940 of 20254.THE INSPECTOR OF POLICE, SRIRANGAM POLICE STATION, TIRUCHIRAPPALLI DISTRICT.5.THE INSPECTOR OF POLICE, THANJAVUR TALUK POLICE STATION, THANJAVUR.6.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.+1. CC to R.ILAYARAJA Advocate SR.No.4968 (I) DT.29/04/2025 ORDER IN CRL OP(MD) No.7940 of 2025 Date :29/04/2025 PR/02.05 .2025 7P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7