Sudalai v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/05/2025 PRESENT THE HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). Nos.8637 & 8679 of 2025 Sudalai ... Petitioner/Accused No.1 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Crime No.428/2025 ... Respondent/Complainant For Petitioner : Mr.P.Suresh, Advocate For Respondent : Mr.E.Antony Sahaya Prabahar, Government Advocate (Crl.Side) Crl.O.P.(MD).No.8679 of 2025 V.Thangadurai ... Petitioner/Accused No.2 1/6
Vs The State of Tamil Nadu, Rep by the Inspector of Police, Crime No.428/2025 ... Respondent/Complainant For Petitioner : Mr.S.Krishna Kumar, Advocate For Respondent : Mr.E.Antony Sahaya Prabahar, Government Advocate (Crl.Side) PETITIONS FOR BAIL Under Sec.483 of BNSS, 2023 COMMON PRAYER :- For Bail in Crime No.428/2025 on the file of the respondent Police. COMMON ORDER : The Court made the following common order :- The petitioners / Accused Nos.1 and 2, who were arrested and remanded to judicial custody on 27.04.2025 and 28.04.2025 respectively for the offences punishable under Sections 126(2), 296(b), 109(1) and 351(3) of BNS, 2023 in Crime No.428 of 2025 on the file of the respondent- police, seek bail.
2. The allegation against the petitioners is that due to wordy quarrel arose 2/6
between the petitioners and the defacto complainant during the temple festival, the accused persons attempted to assault the defacto complainant with knife, but he escaped from the spot.
3. The learned counsels appearing for the petitioners submits that the petitioners are innocent persons and that they have not committed any offence as alleged by the prosecution. However, they have been arrested and they are languishing in jail from 27.04.2025 and 28.04.2025 respectively. Therefore, they pray for grant of bail.
4. The learned Additional Public Prosecutor appearing for the respondent opposed for grant of bail on the ground that the defacto complainant sustained simple injury.
5. Considering the facts and circumstances of the case, and also considering the nature of allegation, and also considering the period of incarceration, this Court is inclined to grant bail to the petitioners on certain conditions.
6. Accordingly, this Criminal Original Petition is allowed and the petitioners 3/6
are ordered to be released on bail, on executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each along with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Valliyoor; (i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii)the petitioners shall report before the respondent-police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation by the respondent Police;
(iii) the petitioners shall not tamper with evidence or witness; iv) the petitioners shall not abscond during trial. v) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme 4/6
Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 14/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO
1. The Judicial Magistrate, Valliyoor.
2. Do-Through The Chief Judicial Magistrate, Thirunelveli District.
3. The Superintendent, Central Prison, Palayamkottai, Tirunelveli District.
4. The Inspector of Police,
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5/6
ORDER
IN CRL OP(MD) No.8637 of 2025 Date :14/05/2025 VN/15.05.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6