High Court · 2025

CRL OP(MD).No.11639 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 30/07/2025PRESENTTHE HONOURABLE MR.JUSTICE P.VADAMALAICRL OP(MD).No.11639 of 2025Jayakodi, D/o.Thangasamy, ..Petitioner/ Accused No.5 VsThe State of Tamilnadu rep.by The Inspector of Police,Austinpatti Police Station, Madurai. (Crime No.70 of 2025) .. Respondent/Complainant For Petitioner : Mr.K.Samidurai. Advocate. For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSSPRAYER :- For Bail in Crime No.70 of 2025 on the file of the Respondent Police.ORDER : This Court made the following order :- The petitioner / Accused No.5, who was arrested and remanded to judicialcustody on 30.03.2025 for the offences punishable under Sections 103, 191(2), 191(3),1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.11639 of 2025190, 127(2), 61(2), 49 of BNS, 2023 in Crime No.70 of 2025 on the file of therespondent police, seeks bail. 2. The case of the prosecution is that One Meenakshi, the wife of the deceasedGlamour Kali, lodged a complaint before the respondent police stating that she isthe second wife of the deceased and resides at MMC Colony, Avaniyapuram,Madurai. She has two daughters, namely Thuvaraka and Priya. The deceased hadtwo wives; the first wife resides with her mother-in-law at Mela Anuppanadi,Madurai. The deceased, Glamour Kali, was involved in several criminal cases,including murder, and was an associate of one V.K. Gurusamy. There was a long-standing enmity between the group of V.K. Gurusamy and that of Rajapandi, whichhad led to several retaliatory murders in the area. While so, on 22.03.2025 at about06.00 p.m., the deceased visited the defacto complainant and left her residence ataround 08.30 p.m. On the same day, at about 09.45 p.m., the defacto complainantreceived information that her husband had been murdered near the MuniswaranTemple. She immediately rushed to the spot and found that her husband hadsustained severe injuries and died at the scene. Based on her complaint, therespondent police registered an FIR against unknown persons. During the course ofinvestigation, the respondent police secured the accused, namely Bala @2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.11639 of 2025Balakrishnan, on 28.03.2025. He gave a confession before the police detailing theroles of other accused persons. Consequently, the sections of law were altered toSections 103, 191(2), 191(3), 190, 127(2), 61(2), and 49 of the Bharatiya Nyaya Sanhita,2023, dated 23.03.2025. Hence, the case. 3. The learned counsel for the petitioner would submit that there are totallysixteen accused, this petitioner was arrayed as Accused No.5. This petitioner is aninnocent person and she has not committed any offences as alleged by theprosecution. The petitioner is ready and willing to abide any conditions that may beimposed by this Court. He would further submit that the petitioner is in custodyfrom 30.03.2025, nearly 122 days. Hence, he seeks bail.4. The learned Government Advocate (Criminal Side) would submit that thereare totally sixteen accused persons in this case and the petitioner has been arrayedas A5. He would further submit that A9 to A14 and A16 conspired together andinstigated the other accused. Pursuant to this, A1 to A4 brutally assaulted thedeceased with lethal weapons, resulting in his death. They also completelydisfigured his face. He would also submit that there are two previous cases againstthe petitioner. In this case, on 29.07.2025, A4 was surrendered before the Judicial3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.11639 of 2025Magistrate, Thirumangalam and he filed Section 88 Cr.P.C. petition before the trialcourt and subsequently he released on PT warrant. In this case, investigation wascompleted and charge sheet has also been filed and the same was taken on file inPRC.No.78 of 2025 on the file of learned Judicial Magistrate, Thirumangalam. TheAccused No.13 was enlarged on bail by this Court in Crl.OP(MD).No.11638 of 2025dated 17.07.2025. However, he objected to grant bail to the petitioner. 5. Taking into consideration of the facts and circumstances of the case and alsotaking note of the fact that in this case, A13 enlarged on bail by this Court in Crl.OP(MD).No.11638 of 2025 dated 17.07.2025, A4 was surrendered before the JudicialMagistrate, Thirumangalam and subsequently he released on PT warrant, in thiscase, investigation was completed and charge sheet has also been filed and the samewas taken on file in PRC.No.78 of 2025 on the file of learned Judicial Magistrate,Thirumangalam, this petitioenr is aged about 74 years old, the petitioner/AccusedNo.5 is in judicial custody from 30.03.2025, taking into consideration of the period ofincarceration, this court is inclined to grant bail to the petitioner, subject to thefollowing conditions: 4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.11639 of 20256. Accordingly, the petitioner is ordered to be released on bail on executing abond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with twosureties, each for a like sum to the satisfaction of learned Judicial Magistrate,Thirumangalam and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in thesurety bond and the Magistrate may obtain a copy of their Aadhar card or Bank passBook to ensure their identity.[b] The petitioner shall furnish her residential address and contact number tothe learned Judicial Magistrate, Thirumangalam. If the petitioner changes herresidential address, she shall report the same to the learned Judicial Magistrate,Thirumangalam;[c] the petitioner shall appear and sign before the respondent police daily at10.00a.m. except on hearing dates; until further orders, she shall also appear beforethe concerned Trial Court on hearing dates. [d] the petitioner shall not abscond either during investigation or trial.5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.11639 of 2025[e] the petitioner shall not tamper with evidence or witness either duringinvestigation or trial.[f] On breach of any of the aforesaid conditions, the learned Magistrate/TrialCourt is entitled to take appropriate action against the petitioner in accordance withlaw as if the conditions have been imposed and the petitioner released on bail by thelearned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Courtin P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].[g] If the accused thereafter absconds, a fresh FIR can be registered underSection 269 BNS. sd/- 30/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023. gvn6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.11639 of 2025TO1. The Judicial Magistrate, Thirumangalam, Madurai.2. The Chief Judicial Magistrate, Madurai. 3. The Superintendent, Women's Central Prison, Madurai. 4. The Inspector of Police, Austinpatti Police Station, Madurai. 5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.11639 of 2025 Date :30/07/2025 PR/31.07 .2025 7P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7