Mathavan @ Manojkumar v. State Of Tamilnadu Rep By Inspector Of Police, Kadamalaikundu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/05/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Mathavan @ Manojkumar, S/o. Kannan, Sangarapandi Theru, Kadamalaikundu, Aundipatti Taluk, Theni District. ...Petitioner/Accused No.4 Vs State of Tamilnadu Rep by The Inspector of Police, Kadamalaikundu, Kadamalaikundu Police Station, Theni District.
(Crime No.35 of 2025).
... Respondent/Complainant For Petitioner : Mr.K.M.Karunakaran, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS 1/5
PRAYER :- For Bail in Crime No. 35 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner /accused No.4, who was arrested and remanded to judicial custody on 19.03.2025 for the offences under Sections 194 of BNSS @ Section 103 of BNS, in Crime No.35 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that due to civil dispute, the petitioner and other accused conspired together and murdered the defacto complainant's father and one other person. Hence, the case.
3. The learned counsel for the petitioner would submit that based on the confession statement of co-accused, the petitioner was falsely implicated in this case. The petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in custody from 19.03.2025. Hence, he seeks bail.
4. The learned Additional Public Prosecutor would submit that there was a civil dispute pending between the deceased and the accused persons and they committed an offence of murder. He would further submit that no previous case is pending against the petitioner.
5.Taking into consideration the facts and circumstances of the case and the fact that no previous case is pending against the petitioner and also taking into 2/5
consideration 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 his 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 learned Judicial Magistrate, Aundipatti 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 report before the respondent police daily at 10.30 a.m., until further orders.
[c] the petitioner shall not abscond either during investigation or trial. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] 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]. 3/5
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
sd/- 21/05/2025 / TRUE COPY / 22/05/2025 Sub-Assistant Registrar (V) Madurai Bench of Madras High Court, Madurai - 625 023.
CP/LS TO
1. THE JUDICIAL MAGISTRATE, AUNDIPATTI.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.
3. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.
4. THE INSPECTOR OF POLICE, KADAMALAIKUNDU, KADAMALAIKUNDU POLICE STATION, THENI DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to K. M.KARUNAKARAN Advocate SR.No.5585(I)DT.21/05/2025 4/5
ORDER
IN Date :21/05/2025 PR/22.05 .2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5