Parthiban 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 Parthiban ... Petitioner/Accused No.3 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Radhapuram Police Station, Tirunelveli District.
Crime No. 237 of 2025.
... Respondent/Complainant For Petitioner : Mr.G.Aravinthan, Advocate For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.237 of 2025 on the file of the respondent police. 1/5
ORDER : The Court made the following order :- The petitioner / Accused No.3, who was arrested and remanded to judicial custody on 30.04.2025 for the offences punishable under Sections 296(b), 115(2), 109 (1), 118(1) and 351(3) of BNS, 2023 in Crime No.237 of 2025 on the file of the respondent police, seeks bail.
2. The allegation of the petitioner is that due to previous enmity between the petitioner and the defacto complainant, the petitioner along with other accused persons attempted to commit murder of the defacto complainant and attacked him by using aruval and stones and thereby caused simple injuries.
3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and that he has not committed any offence as alleged by the prosecution. However, he has been arrested and he is languishing in jail from 30.04.2025. Therefore, he prays for grant of bail.
4. The learned Additional Public Prosecutor appearing for the respondentPolice submits that the petitioner along with other accused persons caused simple 2/5
injury. Accordingly, he prays to dismiss this petition.
5. Considering the facts and circumstances of the case, and considering the nature of allegation, and considering the period of incarceration, and also considering the fact that there is no bad antecedent against the petitioner, this Court is inclined to grant bail to the petitioner on certain conditions.
6. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Radhapuram;
(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 petitioner 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;
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(iii)the petitioner shall not tamper with evidence or witness; iv)the petitioner 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 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]. sd/- 14/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO
1. JUDICIAL MAGISTRATE, RADHAPURAM.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THIRUNELVELI DISTRICT.
3. THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI.
4. THE INSPECTOR OF POLICE, RADHAPURAM POLICE STATION, TIRUNELVELI DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.G.ARAVINTHAN Advocate SR.No.5531 (I) DT.14/05/2025 ORDER IN CRL OP(MD) No.8661 of 2025 Date :14/05/2025 PR/15.05 .2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5