S.Chandrasekaran v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI S.Chandrasekaran, S/o.Shanmugam, ..Petitioner/ Accused Vs The State of Tamilnadu rep.by The Inspector of Police, Mathagupatti Police Station, Sivagangai District.

(Crime No.22 of 2025) .. Respondent/Complainant For Petitioner : Mr.Ala.Raja Chenthil Advocate.

For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.22 of 2025 on the file of the Respondent Police. 1/6

ORDER : This Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 27.01.2025 for the offences punishable under Sections 194(3)(iv) of BNSS @ 108 of BNS Act, 2023 in Crime No.22 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that there was a money transaction between the petitioner and the deceased, the mother of the defacto-complainant. On 26.01.2025, at about 09.30p.m., when the deceased demanded for money she had lent, the petitioner refused to return it and consequently abused and assaulted the deceased. On the same day, at about 11.30p.m. The defacto-complainant, upon receiving information, came to know that his mother had hanged in the shop of the petitioner. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is no way connected with the case, a false case has been lodged as against the petitioner. The petitioner has voluntarily surrendered on 27.01.2025 and he has been in judicial custody since then. This court vide order dated 2/6

28.02.2025 in Crl.O.P(MD).No.3733 of 2025 granted interim bail to the petitioner on condition that the petitioner shall surrender before the Superintendent of Police, Central Prison, Madurai on 14.03.2025. As per the said order, the petitioner has surrendered before the Superintendent Of Police, Central Prison, Madurai on 14.03.2025. The petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 27.01.2025 nearly 150 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that there was a money transaction between the petitioner and the deceased, the mother of the defacto-complainant. On 26.01.2025, at about 09.30p.m., when the deceased demanded for money which she had lent, the petitioner refused to return it and consequently abused and assaulted the deceased. On the same day, at about 11.30p.m. she committed suicide by hanging. Earlier, this Court granted interim bail to the petitioner with certain conditions. After completion of interim bail, the petitioner has surrendered before the Superintendent of Police, Central Prison, Madurai. In this case, investigation almost completed, charge sheet yet to be filed before the trial Court. There is no previous case against this petitioner. However, he objected to grant bail to the petitioner.

3/6

5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that in this case, investigation completed, charge sheet is going to be filed before the trial Court, after completion of interim bail period, the petitioner surrendered before the Superintendent of Police, Central Prison, Madurai, there is no previous case against the petitioner, the petitioner/accused remanded into judicial custody on 27.01.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate No.II, Sivagangai and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] The petitioner shall furnish his residential address and contact number to the Judicial Magistrate No.II, Sivagangai. If the petitioner changes his residential address, he shall report the same to the JJudicial Magistrate No.II, Sivagangai; 4/6

[c] the petitioner shall appear and sign before the respondent police daily at 10.30 a.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 during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 19/06/2025 / TRUE COPY / 19/06/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

5/6

GVN TO 1 THE JUDICIAL MAGISTRATE NO.II SIVAGANGAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE, MATHAGUPATTI POLICE STATION, SIVAGANGAI DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

+1 CC to M/s.K.VINOHARAN, Advocate ( SR-6524[I] dated 19/06/2025 )

ORDER

IN CRL OP(MD) No.3733 of 2025 Date :19/06/2025 SS/SAR- /19/06/2025/ 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6