High Court · 2025

CRL OP(MD).No.13383 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 18/08/2025PRESENTTHE HONOURABLE MR.JUSTICE P.VADAMALAICRL OP(MD).No.13383 of 2025Nanthakumar,S/o.Chandran, ..Petitioner/ AccusedNo.9 VsThe State of Tamilnadu rep.by The Inspector of Police,Austinpatti Police Station, Madurai City. (Crime No.70 of 2025) .. Respondent/Complainant For Petitioner : Mr.J.Pon Eswara Moorthy 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.9, who was arrested and remanded to judicialcustody on 30.03.2025 for the offences punishable under Sections 103 of BNS @ 103,1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.13383 of 2025191(2), 191(3), 190, 127(2), 61(2) and 49 of BNS in Crime No.70 of 2025 on the file ofthe respondent police, seeks bail. 2. The case of the prosecution is that One Meenakshi, who is the wife of thedeceased Glamour Kali, lodged a complaint before the respondent police stating thatshe is the 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 he 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 that 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. Based on her complaint, the respondent policeregistered an FIR against unknown persons. During the course of investigation, therespondent police secured the accused, namely Bala @ Balakrishnan, on 28.03.2025.2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.13383 of 2025He gave a confession before the respondent police detailing the roles of otheraccused persons. Consequently, the sections of law were altered to Sections 103, 191(2), 191(3), 190, 127(2), 61(2), and 49 of the Bharatiya Nyaya Sanhita, 2023. Hence, thecase. 3. The learned counsel for the petitioner would submit that there are totallysixteen accused, this petitioner was arrayed as Accused No.9. This petitioner isstudying second year B.SC., computer Science at Ultra College, Madurai. Thispetitioner is an innocent person and he has not committed any offences as allegedby the prosecution. Based on the confession statement of other accused persons, thispetitioner was arrayed as Accused No.9. The petitioner is ready and willing to abideany conditions that may be imposed by this Court. He would further submit that thepetitioner is in custody from 30.03.2025, nearly 143 days. Hence, he seeks bail.4. The learned Government Advocate (Criminal Side) would submit that inthis case, there are totally sixteen accused persons and this petitioner has beenarrayed as A9. He would further submit that A9 to A14 and A16 conspired togetherand instigated the other accused. Pursuant to this, A1 to A4 brutally assaulted thedeceased with lethal weapons, resulting his death. They also completely disfigured3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.13383 of 2025his face. This petitioner not directly involved in this case, he is not at all present atthe scene of occurrence, he robbed into this case, based on the confession statementof other accused persons. There is no specific overtact against this petitioner. In thiscase, A5 enlarged on bail by this court in Crl.O.P.(MD).No.11639 of 2025 dated30.07.2025. In this case, investigation has been completed, charge sheet has beenfiled in PRC.No.78 of 2025 on the file of 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 and A5 enlarged on bail by this court inCrl.O.P.(MD).No.11639 of 2025 dated 30.07.2025, 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, thereis no previous case against this petitioner, there is no specific overtact against thispetitioner, the petitioner/Accused No.9 is in judicial custody from 30.03.2025, takinginto consideration of the period of incarceration, this court is inclined to grant bail tothe petitioner, subject to the following conditions: 4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.13383 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 his residential address and contact number tothe learned Judicial Magistrate, Thirumangalam. If the petitioner changes hisresidential address, he shall report the same to the learned Judicial Magistrate,Thirumangalam;[c] the petitioner shall stay at Salem and he shall appear and sign before theInspector of Police, Shevapet Police Station daily twice at 10.00a.m.and 05.00p.m.except on hearing dates; until further orders, he shall also appear before theconcerned 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.13383 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/- 18/08/2025 / TRUE COPY / 18/08/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023. 6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.13383 of 2025gvnTO1. The Judicial Magistrate, Thirumangalam, Madurai.2. Do through The Chief Judicial magistrate, Madurai. 3. The Superintendent, Central Prison, Madurai. 4. The Inspector of Police, Austinpatti Police Station, Madurai. 5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.Copy to The Inspector of Police, Shevapet Police Station, Salem ORDER IN CRL OP(MD) No.13383 of 2025 Date :18/08/2025 PR/18.08.2025 7P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7