High Court · 2025

CRL OP(MD).No.14024 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 03.09.2025PRESENTTHE HONOURABLE MRS. JUSTICE S.SRIMATHYCRL OP(MD).No.14024 of 2025Suresh @ Pallu Suresh,S/o.Durairaj, ..Petitioner/ Accused No.6 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.Jeyekarthik Advocate. For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 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.14024 of 2025ORDER : This Court made the following order :- The petitioner / Accused No.6, who was arrested and remanded into judicialcustody on 27.06.2025 for the offences punishable under Sections 126(2), 296(b) &109 of BNS, 2023 in Crime No.140 of 2025 on the file of the respondent police, seeksbail. 2. The case of the prosecution is that the defacto-complainant's husband namelyNirmal has running gym and liquor bar. Earlier, due to one another dispute, herhusband was arrested and remanded into judicial custody and later, he wasenlarged on bail. On 25.06.2025, at about 13.30hrs when the defacto-complainant'shusband was proceeded towards his house, from his bar by his two wheeler, theaccused persons came in auto and they attacked the defacto-complainant's by usingdeadly weapons, he sustained grievous injuries and his hand was amputated.Hence, the case. 3. The learned counsel for the petitioner would submit that there are totally 11accused persons involved in this case. This petitioner was arrayed as sixth accused.2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.14024 of 2025This petitioner's name was not found place in the FIR. This petitioner is an uncle ofthe first accused. A false case has been implicated against this petitioner by therespondent police. This petitioner is an innocent person and he has not committedany offences as alleged by the prosecution. The petitioner is ready and willing toabide any conditions that may be imposed by this Court. He would further submitthat the petitioner is in custody from 27.06.2025, more than 68 days. Hence, he seeksbail.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 theresult of 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. Thevictim's wife so far spent more than Rs.20,00,000/- for his medical treatment. Now,the victim's wife is also facing life threat, some of the accused persons are not yetarrested by the respondent police. If the petitioner/accused No.6 is released on bailhe will threaten and tamper the witnesses. Hence, he prays to dismiss the presentbail petition. 3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.14024 of 20255. The learned Government Advocate (Criminal Side) would submit that thereare totally 11 accused persons were involved in this case. This petitioner wasarrayed as Sixth accused. In this case, Accused Nos.1,2,3 and 6 were arrested on27.06.2025, Accused Nos.5,7 and 9 were surrendered and they are in judicial custodyand the Accused Nos.8 and 10 were absconding. All the accused persons brutallyattacked the defacto-complainant's husband, he had sustained 17 cut injuries allover his body, his left hand was amputated and his right leg was fractured. Thispetitioner is having eight previous cases. In this case, Accused No.3 was enlarged onbail by the Juvenile Justice Board in Crl.MP.No.209/2025. The offences committedby the accused persons are grave in nature. If the petitioner released on bail, there isevery possibility to threaten the witnesses and tamper the evidence. Hence, hestrongly opposed to grant anticipatory 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 andafter the occurrence, the injured person discharged from hospital on 08.07.2025, thepetitioner/accused No.6 is in judicial custody from 27.06.2025, taking intoconsideration of the period of incarceration, this court is inclined to grant bail to thepetitioner, subject to the following conditions: 4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.14024 of 20257. Accordingly, the petitioner is ordered to be released on bail on executing abond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, eachfor a like sum to the satisfaction of learned Judicial Magistrate Court No.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 Villuppuram and he shall appear and sign beforethe Inspector of Police, Villupuram Town Police Station, Villupuram, daily Morningat 10.00a.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 with5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.14024 of 2025law 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/- 03/09/2025 / TRUE COPY / /09/2025 Sub-Assistant Registrar ( C.S. / II / ) Madurai Bench of Madras High Court, Madurai - 625 023.vsgTO1 The Judicial Magistrate No.I, Ramanathapuram.2 Do ThroughThe Chief Judicial Magistrate,Ramanathapuram District.3 The Officer-In-Charge,District Jail, Ramanathapuram.4 The Inspector of Police Station, Villuppuram Town Police Station, Villupuram.6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.14024 of 20255 The Inspector of Police, Bazaar Police Station, Ramanathapuram District.6 The Additional Public Prosecutor,Madurai Bench of Madras High Court,Madurai.+1 CC to M/s.M.S.JEYAKARTHIK, Advocate ( SR-9564[I] dated 03/09/2025 ) ORDER IN CRL OP(MD) No.14024 of 2025 Date :03/09/2025NM/03.09.2025/ 7P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7