Velmurugan @ Velmurugapillai v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.02.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL CRL OP(MD). No.2697 of 2025 Velmurugan @ Velmurugapillai ... Petitioner/Petitioner/Accused No.3 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Sankarankovil Town Police Station, Tenkasi District.

Crime No.89 of 2025 ... Respondent/Respondent/Complainant For Petitioner : Mr.S.Suresh Manickam, Advocate for Mr.R.J.Karthick, Advocate For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-24B. For bail in Crime No.89 of 2025 on the file of the respondent-police. 1/5

ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 10.02.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grant bail.

2. The petitioner/ accused was arrested and remanded to judicial custody on 30.01.2025 for the alleged offences punishable under Sections 296(b), 109, 308(4) and 351(3) of Bharatiya Nyaya Sanhita (BNS), 2023 in Crime No.89 of 2025 on the file of the respondent-police.

3. The case of the prosecution is that on 29.01.2025, when the defacto complainant was going to the bus stop, the accused persons, who were under the influence of alcohol, started a wordy quarrel with the defacto complainant and attempted to take his life. The accused persons also extorted a sum of Rs.6,000/- from the defacto complainant. Hence the case.

4. Mr.S.Suresh Manickam, the learned counsel appearing for the petitioner, submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that the petitioner has been in judicial custody since 30.01.2025. He therefore prays to grant bail to the petitioner. 2/5

5. Mr.R.Meenakshi Sundaram, the learned Additional Public Prosecutor appearing for the respondent-police, submits that the petitioner has one previous case and no one was injured in this case. However, he prays to dismiss this Criminal Original Petition.

6. Heard on both sides. This Court has perused the records.

7. The petitioner was arrested and has been in judicial custody since 30.01.2025. Considering the nature of offences alleged against the petitioner and with a view to give an opportunity to the petitioner to the petitioner to reform himself, this Court is inclined to grant bail to the petitioner, however, subject to certain conditions. Accordingly, bail is granted to the petitioner subject to the following conditions: (i) The petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only) along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand Only) to the satisfaction of the learned Judicial Magistrate, Sankarankovil; (ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judicial Magistrate, Sankarankovil shall obtain a copy of any one of identity proofs to ensure their identity; (iii) The petitioner shall furnish his residential address and mobile number; 3/5

(iv) The petitioner shall appear and sign before the respondent-Police daily at 10.00 a.m., until further orders;

(v) The petitioner shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence; and (vi) On breach of any of the aforementioned conditions, the learned Judicial Magistrate, Sankarankovil is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

Sd/- 13/02/2025 / TRUE COPY / 13/02/2025 Sub-Assistant Registrar(AE) Madurai Bench of Madras High Court, Madurai - 625 023.

mbi TO 1 THE JUDICIAL MAGISTRATE, SANKARANKOVIL.

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2 -DO-THROUGH- THE CHIEF JUDICIAL MAGISTRATE TENKASI DISTRICT.

3 THE INSPECTOR OF POLICE, SANKARANKOVIL TOWN POLICE STATION, TENKASI DISTRICT.

4 THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.R.J.KARTHICK, Advocate ( SR-1609[I] dated 13/02/2025 )

ORDER

IN CRL OP(MD) No.2697 of 2025 Date :13/02/2025 ES/SKN/SAR/13.02.2025/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. s 5/5