Manthiramoorthy v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/05/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Manthiramoorthy, S/o. Ponnuchamy, Pilliayarenthal, Parthibanur, Paramakudi Taluk, Ramanathapuram District.

... Petitioner/Accused No.7 Vs The State of Tamilnadu, Rep by the Inspector of Police, Parthibanur Police Station, Ramanathapuram District.

(Crime No. 62 of 2025).

... Respondent/Complainant For Petitioner : Mr.S.Muniyandi, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 62 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner /accused No.7, who was arrested and remanded to judicial custody on 12.05.2025 for the offences under sections 189(2), 140, 296(b), 115(2), 351 1/4

(3) BNS, in Crime No.62 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to business motive, the petitioner along with other accused kidnapped the victim abused the defacto complainant in filthy language and also attacked him with wooden log 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 12.05.2025 and hence he seeks bail.

4. The learned Additional Public Prosecutor would submit that the accused kidnapped the victim abused the defacto complainant in filthy language and also attacked him with wooden log and caused injuries. He would further submit that co-accused in this case were already released on anticipatory bail and the injured has been discharged from the hospital. He would also submit that the petitioner is having two previous cases, hence he objected to grant bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and the fact that the 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 2/4

bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate, Paramakudi, Ramanathapuram 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 Book to ensure their identity.

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of 30 days and thereafter, as and when required for interrogation. [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]. 3/4

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

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

CP TO

1. The Judicial Magistrate,Paramakudi, Ramanathapuram District.

2. Do-Through The Chief Judicial Magistrate,Ramanathapuram District.

3. The Superintendent,District Prison, Ramanathapuram.

4. The Inspector of Police,Parthibanur Police Station,Ramanathapuram District. 5.The Additional Public Prosecutor,Madurai Bench of Madras High Court,Madurai. +1 CC to M/s.S.MUNIYANDI, Advocate ( SR-5582[I] dated 21/05/2025 ) ORDER IN CRL OP(MD) No.8912 of 2025 Date :21/05/2025 PP/23.05.2025 4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4