M.Malayandi 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 M.Malayandi ... Petitioner/Sole Accused Vs The State of Tamil Nadu, rep. by Inspector of Police, Tirunelveli Town Police Station, Tirunelveli City.
Crime No.119 of 2025 ... Respondent/Complainant For Petitioner : Mr.V.M.Jegadeesha Pandian For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023 praying to enlarge the petitioner on bail in Crime No.119 of 2025 on the file of the respondent-police.
ORDER : This Court made the following order:- 1/5
The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 03.05.2025 for the offences punishable under Sections 296(b), 109 and 351
(3) of BNS, 2023, in Crime No.119 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that due to wordy quarrel, the petitioner attacked the defacto complainant with Aruval and caused injury to the defacto complainant. Hence, the case.
3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he has been arrested and he is languishing in jail from 03.05.2025. Therefore, he prays for grant of bail.
4. The learned Additional Public Prosecutor appearing for the respondent reported that due to wordy quarrel, occurrence had taken place. He further submitted that the petitioner is not having any previous case and he is in custody from 03.05.2025.
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5. Considering the facts and circumstances of the case and also considering the nature of allegation levelled 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.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.IV, Tirunelveli; (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 stay at Dindigul and sign before the Inspector of Police, Ambathurai Police Station, Dindigul District, daily at 10.00 am., for a period of two weeks and thereafter as and when required for interrogation by the respondent police;
(iii)the petitioner shall not tamper with evidence or witness; 3/5
(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 (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.
Rmk To 1.THE JUDICIAL MAGISTRATE NO.IV, TIRUNELVELI.
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2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3.THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI.
4.THE INSPECTOR OF POLICE, TIRUNELVELI TOWN POLICE STATION, TIRUNELVELI CITY.
5.THE INSPECTOR OF POLICE, AMBATHURAI POLICE STATION, DINDIGUL DISTRICT.
6.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN Date :14/05/2025 VN/15.05.2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5