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Madras High CourtCRL OP(MD)/8948/2025allowed

Suman v. The State Of Tamilnadu

2025-05-21Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/05/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Suman, S/o.Krishnan, Pudhu Colony Subburaj Nagar 8th Street, Vennimalai Thoppu, Bodinyakkanur, Theni District.

... Petitioner/Accused Vs The State of Tamilnadu, The Inspector of Police, Bodinayakkanur Town Police Station, Theni District (Crime No.162 of 2025).

... Respondent/Complainant For Petitioner : Mr.K.Prakash, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.162/2025 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner /accused, who was arrested and remanded to judicial custody on 06.05.2025 for the offences under sections 296(b), 115(2) and 109 BNS, in Crime No.162 of 2025 on the file of the respondent police, seeks bail. 1/4

2. The case of the prosecution is that due to family dispute, the petitioner stabbed the defacto complainant, who is the wife of the petitioner, with knife and caused injuries. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him. He would further submit that the petitioner is in custody from 06.05.2025 and hence, he seeks bail.

4. The learned Additional Public Prosecutor would submit that the petitioner stabbed his wife with knife and caused injuries. He would further submit that injured has been discharged from the hospital.

5.Taking into consideration the facts and circumstances of the case and also the fact that injured has been discharged from the hospital and also taking into 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, Bodinayakkanur, Theni District 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 2/4

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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 21/05/2025 / TRUE COPY / 23/05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

CP/LS TO 1 THE JUDICIAL MAGISTRATE, BODINAYAKKANUR, THENI DISTRICT.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3 THE OFFICER INCHARGE, DISTRICT JAIL, THEKKAMPATTI, THENI DISTRICT.

4 THE INSPECTOR OF POLICE, BODINAYAKKANUR TOWN POLICE STATION, THENI DISTRICT 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.K.PRAKASH, Advocate ( SR-5583[I] dated 21/05/2025 ) ORDER IN CRL OP(MD) No.8948 of 2025 Date :21/05/2025 SA/SAR. /23.05.2025/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4