Guruprasath Alias Guru v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/03/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Guruprasath Alias Guru ... Petitioner/Accused rank not known Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Melur Police Station, Madurai District.
(Crime No. 23 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Muniyandi, Advocate For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.23 of 2025 on the file of the respondent - police.
ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 06.03.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to 1/6
grant bail.
2. The petitioner/Accused rank not known was arrested and remanded to judicial custody on 17.01.2025 for the alleged offences punishable under Sections 296 (b), 115(2), 118(1), 103(1) of Bharatiya Nyaya Sanhita (BNS), 2023 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act @ 296(b), 115(2), 118(1), 103(1), 191(2), 193(3), 49 of BNS, 2023 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.23 of 2025 on the file of the respondentpolice.
3. The case of the prosecution is that, due to previous enmity between A1 and the deceased, on 14.01.2025, the petitioner herein and other accused persons came to the house of the defacto complainant and attacked her husband with a knife. When the defacto complainant tried to rescue her husband, the accused persons pulled her down. They also attacked the deceased indiscriminately, thereby causing his death. Hence the case.
4. Mr.S.Muniyandi, the learned counsel appearing for the petitioner, submits that the petitioner is an innocent person, 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 is a college-going student and has been in judicial custody since 17.01.2025, i.e., for more than 50 days. He further submits that the allegation levelled 2/6
against the petitioner is that he picked up the main accused on his two-wheeler and dropped him the place. He further submits that the petitioner is ready to abide by any conditions that may be imposed by this Court. He therefore prays to grant bail to the petitioner.
5. Per contra, Mr.R.Meenakshi Sundaram, the learned Additional Public Prosecutor appearing for the respondent-police, submits that the petitioner herein and other accused conspired together and committed the offence of murder. He further submits that there is no previous case pending against the petitioner. He further submits that the investigation of the case is still pending, and therefore, at this stage, if the petitioner is enlarged on bail, he may abscond, cause threat to the family members of the deceased, and delay the investigation. Accordingly, 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 remanded to judicial custody on 17.01.2025, and is still in judicial custody i.e., for more than 50 days. Considering the same, and also considering the overt act attributed against the petitioner, the fact the petitioner is a college-going student, and the period of incarceration, and with a view to give an opportunity 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 3/6
the petitioner subject to the following conditions: (i) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the learned Judicial Magistrate, Melur, Madurai District;
(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, Melur, Madurai District 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 to the learned Judicial Magistrate, Melur, Madurai District; (iv) The petitioner shall appear and sign before the respondent-Police daily at 5.00 p.m., until further orders;
(v) The petitioner shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNS, 2023;
(vi) The petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected; (vii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him 4/6
from disclosing such facts to the Court or to any police officer or tamper with the evidence;
(viii) The petitioner shall not directly or indirectly any threat to the family members of the deceased and witnesses; and (ix) On breach of any of the aforementioned conditions, the learned Judicial Magistrate, Melur, Madurai District 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/- 14/03/2025 / TRUE COPY / 14/03/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO 1 THE JUDICIAL MAGISTRATE, MELUR, MADURAI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
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3 THE OFFICER INCHARGE, DISTRICT PRISON, DINDIGUL.
4 THE INSPECTOR OF POLICE, MELUR POLICE STATION, MADURAI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.MUNIYANDI, Advocate ( SR-2845[I] dated 14/03/2025 ) ORDER IN CRL OP(MD) No.4426 of 2025 Date :14/03/2025 SA/SAR. /14.03.2025/6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6