High Court · 2025

CRL OP(MD).No.13618 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 14.08.2025PRESENTTHE HONOURABLE MR.JUSTICE P.VADAMALAICRL OP(MD).No.13618 of 20251. Mahesh @ Maheshkumar, S/o.Santhanaraj 2. Karpagaraj, S/o.Subbiah ..Petitioners/ Accused Nos.2 & 3 VsThe State of Tamilnadu rep.by The Inspector of Police,Ottapidaram Police Station, Tuticorin district. (Crime No.189 of 2025) .. Respondent/Complainant For Petitioners: Mr.R.Rajeshkumar Advocate. For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSSPRAYER :- For Bail in Crime No.189 of 2025 on the file of the Respondent Police.1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.13618 of 2025ORDER : This Court made the following order :- The petitioners / Accused Nos.2 & 3, who were arrested and remanded tojudicial custody on 27.06.2025 for the offences punishable under Sections 103(1) and55 of BNS Act in Crime No.189 of 2025 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that on 24.06.2025 at about 03.00p.m. thedefacto-complainant lodged a complaint before the respondent police alleging thatduring the Local Body Election, mother of the defacto-complainant and the fourthaccused's wife had contested for the Post of Panchayat President, and the she wassuccessfully elected. Due to the rivalry arising from the said election, enmitypersisted between the families. On 24.06.2025, at about 09.00a.m due to the saidpolitical enmity, the first accused intentionally caused the death of the deceased bycolluding a lorry into the deceased Motorcycle bearing registration No. TN 69 BM7465, due to the impact of the said accident, the deceased died on the spot. Hence,the case. 3. The learned counsel for the petitioners would submit that there are totallyfour accused persons, these petitioners were arrayed as Accused Nos.2 & 3. Thealleged incident was a mere road accident, the prosecution given colour of culpablehomicide. This fourth accused's wife had been defeated the defacto-complainant'smother. Due to the political enmity arising out of Panchayat Election, a false case has2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.13618 of 2025been lodged against these petitioners. The alleged occurrence was took place atabout 09.00a.m.,the complaint was given only on 03.00p.m., which was indicatingunexplained and suspicious delay in the registration of FIR. This secondpetitioner/A3 has filed a bail application before the Principal Sessions Judge,Thoothukudi in Crl.M.P.No.2825 of 2025 and the same was dismissed on 08.08.2025.These petitioners were not at all present at the scene of occurrence, but, therespondent police implicated these petitioners as accused Nos.2 & 3 in the said case.The first accused is the prime accused, there is no specific overtact against thesepetitioners. This petitioners are innocent persons and they have not committed anyoffences as alleged by the prosecution. The petitioners are ready and willing to abideany conditions that may be imposed by this Court. He would further submit that thepetitioners are in custody from 27.06.2025, nearly 49 days. Hence, he seeks bail.4. The learned Government Advocate (Criminal Side) would submit that thedefacto-complainant is the daughter of the deceased, the deceased and the accusedpersons are hailing from the same village and they have previous enmity with regardto the Panchayat Election. Further, the deceased is a land broker and the accusedpersons are also having motive regarding real estate business, due to which wordyaltercation was happened 15 days prior to the occurrence. The accused persons andthe deceased have wordy altercation with regard to the administration of temple3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.13618 of 2025which was located in the said village. The accused persons developed vengeance andplanned to kill the deceased. On 24.06.2025, at about 09.00a.m. when the deceasedwas coming in a two wheeler, the accused persons hit the deceased by lorry andkilled him, due to the impact of the accident, the deceased sustained grievous injuryand died on the spot. It is the case of pre-planned murder. A1 is the prime accused,at the instigation of the first accused all other accused joined together and committedthe said occurrence. Accused No.4 was already enlarged on bail by this court inCrl.O.P.(MD).No.11776 of 2025 dated 01.08.2025. In this case, investigation has almostcompleted. There is no previous case against these petitioners. However, he objectedto grant bail to the petitioners. 5. Taking into consideration of the facts and circumstances of the case and alsotaking note of the fact that in this case, Accused No.1 is the primary accused, there isno specific overtact attributed against these petitioners, in this case, investigationalmost completed, there is no previous case against these petitioners, Accused No.4was already enlarged on bail by this court in Crl.O.P.(MD).No.11776 of 2025 dated01.08.2025, the petitioners/accused Nos.2&3 are in judicial custody from 27.06.2025,taking into consideration of the period of incarceration, this court is inclined to grantbail to the petitioners, subject to the following conditions:4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.13618 of 20256. Accordingly, the petitioners are ordered to be released on bail on executingseparate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) eachwith two sureties, each for a like sum to the satisfaction of learned JudicialMagistrate, Ottapidaram 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 petitioners shall furnish their residential address and contact number tothe learned Judicial Magistrate, Ottapidaram. If the petitioners changes theirresidential address, they shall report the same to the learned Judicial Magistrate,Ottapidaram; [c] the petitioners shall Stay at Dindigul and they shall appear and sign beforethe Inspector of Police, Dindigul Taluk Police Station daily twice at 10.30a.m. and05.30p.m. until further orders.[d] the petitioners shall not abscond either during investigation or trial.[e] the petitioners 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 petitioners in accordance with5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.13618 of 2025law as if the conditions have been imposed and the petitioners 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/- 14/08/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. gvnTO1 The Judicial Magistrate, Ottapidaram2 Do Through the Chief Judicial Magistrate, Thoothukudi District.3 The Superintendent, Central Prison, Palayamkottai.4 The Inspector of Police, Ottapidaram Police Station, Tuticorin District. 5 The Inspector of Police, Dindigul Taluk Police Station, Dindigul.6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.13618 of 20256 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.13618 of 2025 Date :14/08/2025AS/14.08.2025/7P/7CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 7/7