High Court · 2025

CRL OP(MD).No.13113 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 13/08/2025PRESENTTHE HONOURABLE MR. JUSTICE P. VADAMALAICRL OP(MD).No.13113 of 2025and CRL MP(MD).No.10803 of 2025 Hariharan, S/o.Gopal, ..Petitioner/ Accused No.9 VsThe State of Tamilnadu rep.by The Inspector of Police,Bazaar Police Station, Ramanathapuram District. (Crime No.140 of 2025) .. Respondent/Complainant For Petitioner : Mr.M.S.Jeyakarthik Advocate. For Respondent : Mr.B.Thanaga Aravindh Government Advocate (Crl.Side) For Intervener : Mr.D.Balamurugapandi, Advocate PETITION FOR BAIL Under Sec.483 of BNSSPRAYER :- For Bail in Crime No.140 of 2025 on the file of the Respondent Police.1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.13113 of 2025ORDER : This Court made the following order :- The petitioner / Accused No.9, who was arrested and remanded into judicialcustody on 02.07.2025 for the offences punishable under Sections 126(2), 296(b), 109 ofBNS @ under Sections.126(2), 296(b), 191(1), 191(2), 61(2) and 109(1) of BNS in CrimeNo.140 of 2025 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that the defacto-complainant's husband namelyNirmal has running gym and TASMAC bar. Earlier, due to one another dispute, herhusband was arrested and remanded into judicial custody and later, he was enlargedon bail. On 25.06.2025, at about 13.30hrs when the defacto-complainant's husbandwas proceeded towards his house from his bar by his two wheeler, the accusedpersons came in auto and they attacked the defacto-complainant by using deadlyweapons, he sustained grievous injuries and his hand was amputated. Hence, thecase. 3. The learned counsel for the petitioner would submit that there are totally 11accused persons involved in this case. This petitioner was arrayed as ninth accused.This petitioner is not at all present at the scene of occurrence, based on the confessionof A1, this petitioner name was arrayed as ninth accused. The respondent policelodged a false case against this petitioner. This petitioner is an innocent person andhe has not committed any offences as alleged by the prosecution. The petitioner is2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.13113 of 2025ready and willing to abide any conditions that may be imposed by this Court. Hewould further submit that the petitioner is in custody from 02.07.2025, nearly 43days. Hence, he seeks bail.4. The learned Counsel appearing for the intervener would submit that thedefacto-complainant's husband is the victim who sustained grievous injuries and hisleft hand was amputated by the gruesome attack of the accused persons. In the resultof the gruesome attack of the accused persons, the victim had sustained 23 cutinjuries. The victim's left hand was amputate and his right leg was fractured. Thispetitioner informed the whereabouts the victim to the other accused persons. Thispetitioner so far spent more than Rs.20,00,000/- for his medical treatment. Now, thepetitioner has also facing life threat. If the petitioner/accused No.9 is released on bailhe will threaten and tamper the witnesses. Hence, he prays to dismiss the present bailpetition. 5. The learned Government Advocate (Criminal Side) would submit that thereare totally 11 accused persons were involved in this case. This petitioner was arrayedas ninth accused. In this case, Accused Nos.1,2,3 and 6 were arrested on 27.06.2025,Accused Nos.5,7 and 9 were surrendered and they are in judicial custody from02.07.2025 and the Accused Nos.8 and 10 were absconding. The accused personsbrutally attacked the defacto-complainant's husband, he had sustained 17 cut injuries3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.13113 of 2025all over his body, his left hand was amputated and his right leg was fractured. At thetime of occurrence, this petitioner informed the whereabouts of the victim, except thatallegations there is no specific overtatct against this petitioner. There is no previouscase against this petitioner. In this case, Accused No.3 was enlarged on bail by theJuvenile Justice Board in Crl.MP.No.209/2025. The Injured persons discharged fromhospital on 08.07.2025. The offences committed by the accused persons are grave innature. If the petitioner released on bail, there is every possibility to threaten thewitnesses and tamper the evidences. Hence, he strongly opposed to grantanticipatory bail to the petitioner. 6. Taking into consideration of the facts and circumstances of the case and alsotaking note of the fact that there is only limited overtact against this petitioner, thispetitioner only gave information regarding the victim before and after the occurrence,the injured person discharged from hospital on 08.07.2025, there is no previous caseagainst this petitioner, the petitioner/accused No.9 is in judicial custody from02.07.2025, taking into consideration of the period of incarceration, this court isinclined to grant bail to the petitioner, subject to the following conditions: 7. 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 Court4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.13113 of 2025No.1, Ramanathapuram 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 his residential address and contact number tothe learned Judicial Magistrate Court No.1, Ramanathapuram. If the petitionerchanges his residential address, he shall report the same to the learned JudicialMagistrate Court No.1, Ramanathapuram;[c] the petitioner shall stay at Madurai and he shall appear and sign before theInspector of Police, Tallakulam Police Station daily twice at 10.00a.m., and 05.00p.m.until further orders.[d] the petitioner shall not abscond either during investigation or trial.[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].5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.13113 of 2025[g] If the accused thereafter absconds, a fresh FIR can be registered underSection 269 BNS.8. Consequently, connected miscellaneous petition is closed. sd/- 13/08/2025 / TRUE COPY / 13/08/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023. gvnTO1 THE JUDICIAL MAGISTRATE NO.I, RAMANATHAPURAM.2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.3 THE OFFICER INCHARGE, DISTRICT JAIL, RAMANATHAPURAM.4 THE INSPECTOR OF POLICE, BAZAAR POLICE STATION,RAMANATHAPURAM.5 THE INSPECTOR OF POLICE, TALLAKULAM POLICE STATION.6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRASHIGH COURT, MADURAI. +1 CC to M/s.D.BALAMURUGAPANDI, Advocate ( SR-8763[I] dated 13/08/2025 )+1 CC to M/s.M.S.JEYAKARTHIK, Advocate ( SR-8768[I] dated 13/08/2025 )6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.13113 of 2025 ORDER IN CRL OP(MD) No.13113 of 2025 Date :13/08/2025NBF/SAR- /13/08/2025/ 7P/9CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7