High Court · 2025

CRL OP (MD) No.7943 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 29.04.2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.7943 of 2025Rajesh... Petitioner/Accused No.1 Vs.The State of Tamil NaduRep. by the Inspector of Police,Usilampatti Taluk Police Station,Madurai District.Crime No.49 of 2025... Respondent/ComplainantFor Petitioner: Mr.S.Murugapandi AdvocateFor Respondent: Mr.K.Sanjai Gandhi, Government Advocate (Crl. Side)PETITION FOR BAIL Under Sec.483 of BNSS, 2023PRAYER :-For bail in Crime No.49 of 2025 on the file of the respondent-police.1/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7943 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 praying togrant bail.2. The petitioner / Accused No.1 was arrested and remanded to judicialcustody on 13.03.2025 for the offences punishable under Sections 296(b), 127(2), 109(2) and 351(3) of Bharatiya Nyaya Sanhita (BNS), 2023, in Crime No.49 of 2025 on thefile of the respondent-police.3. The case of the prosecution is that six months prior to the date of occurrence,the defacto complainant’s son and the petitioner’s wife developed an extra-maritalrelationship and eloped. Thereafter, following advice given by the defactocomplainant, the petitioner’s wife went to her parental home, and the defactocomplainant’s son has since been residing with him. Due to this enmity, the petitionerhas been threatening the defacto complainant’s son whenever he comes and goes. On09.03.2025, at about 07:00 p.m., the petitioner and other accused persons chased thedefacto complainant’s son and attacked him with deadly weapons, causing injuries tohis chest. Suddenly, the defacto complainant’s son entered into his house and lockedthe door and thereby escaped from further attack. Hence the case.2/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7943 of 20254. Mr.S.Murugapandi, learned counsel appearing for the petitioner, submitsthat the petitioner did not commit any offence as alleged by the prosecution and thata false case has been foisted against him. He further submits that the petitioner hasbeen in judicial custody since 13.03.2025 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.K.Sanjai Gandhi, learned Government Advocate (CriminalSide) appearing for the respondent-police, submits that the petitioner and otheraccused persons waylaid the defacto complainant’s son, attacked him, and causedhim grievous injuries. He further submits that the victim was admitted in the hospitalon 09.03.2025 and was discharged on 27.03.2025. It is also submitted that if thepetitioner is enlarged on bail, he may cause threat to the defacto complainant, thevictim, and the witnesses. Accordingly, he prays to dismiss this Criminal OriginalPetition.6. Heard on both sides and perused the records.7. The petitioner was arrested on 13.03.2025 and has been in judicial custodysince then. It appears that the offence was committed by the petitioner due to sudden3/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7943 of 2025provocation. To be noted, this view is recorded only for the purpose of deciding thisbail petition and would not, in any way, cause any prejudice to the rights of theprosecution in establishing its case during the trial. In view of the nature of theoffences allegedly committed by the petitioner, and considering the fact that theinjured has been discharged from the hospital, this Court is of the opinion thatfurther custody of the petitioner is not necessary in this case. Further, the petitionerhas permanent residence and deep roots in the society. Therefore, there is lesspossibility of absconding. Considering the same and also considering the period ofincarceration and taking note of the fact that the material portion of the investigationwould have been completed, and with a view to give an opportunity to the petitionerto reform himself, this Court is inclined to grant bail to the petitioner, however,subject to certain conditions. Accordingly, bail is granted to the petitioner subject tothe 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 Judicial MagistrateNo.I, Usilampatti, Madurai District;4/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7943 of 2025(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.I, Usilampatti, Madurai Districtshall obtain a copy of any one of identity proofs to ensure their identity;(iii) The petitioner shall furnish his residential address and mobile number tothe learned Judicial Magistrate No.I, Usilampatti, Madurai District;(iv) The petitioner shall appear and sign before the respondent-police daily at10.00 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 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 him5/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7943 of 2025from 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 / victim'shouse or workplace and shall also not try to contact the defacto complainant / victimeither directly or through any electronic mode; and(ix) On breach of any of the aforementioned conditions, the learned JudicialMagistrate No.I, Usilampatti, Madurai District is entitled to pass appropriate ordersagainst the petitioner in accordance with law as if the aforementioned conditions areimposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State ofKerala [(2005) 13 SCC 283].8. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 29/04/2025 / TRUE COPY / 02/05/2025 Sub-Assistant Registrar (C.S. 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.7943 of 2025TO1 THE JUDICIAL MAGISTRATE NO.IUSILAMPATTI, MADURAI DISTRICT.2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATEMADURAI DISTRICT.3 THE INSPECTOR OF POLICE,USILAMPATTI TALUK POLICE STATION,MADURAI DISTRICT.4 THE OFFICER INCHARGESUB JAIL, USILAMPATTI.5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.S.MURUGAPANDI, Advocate ( SR-5023[I] dated 29/04/2025 ) ORDER IN CRL OP(MD) No.7943 of 2025 Date :29/04/2025 SS/SAR- /02/05/2025/ 7P/7CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7