Sakthivel v. The State Of Tamil Nadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/05/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI (*)"Sakthivel, S/o.Muthuvel, Nayudu Street, Melmangalam, Periyakulam, Theni District''

... Petitioner/Accused Vs The State of Tamil Nadu Rep. by, the Inspector of Police, Jeyamangalam Police Station, Theni District (Cr.No.17 of 2025).

... Respondent/Complainant For Petitioner : Mr.A. Sheik Nasurdeen, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.17/2025 on the file of the respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner /accused, who was arrested and remanded to judicial custody on 15.04.2025 for the offences under sections 194 BNSS, 2023 @ 108 BNS,2023, in Crime No.17 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 abused the deceased in filthy language and caused severe mental agony and thereby, the deceased committed suicide, 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 15.04.2025 and hence he seeks bail.

4. The learned Additional Public Prosecutor would submit that the petitioner abused the deceased in filthy language and caused severe mental agony and thereby, the deceased committed suicide.

5. Taking into consideration the facts and circumstances of the case and the fact that the investigation in this case might have been completed 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 thousand only) with two sureties, 2/5

each for a like sum to the satisfaction of learned Judicial Magistrate, Periyakulam 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 (*)Amended as per the order of this court dated 05.06.2025 made in CRL MP(MD)No.6733 of 2025 in CRL OP(MD)No.8951 of 2025 / TRUE COPY / 22/05/2025 Sub-Assistant Registrar (V) Madurai Bench of Madras High Court, Madurai - 625 023.

LS/CP To be substituted to the order which is already despatched on 22.05.2025 TO

1. The Judicial Magistrate, Periyakulam.

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

3. The Superintendent, District Prison, Theni.

4. The Inspector of Police, Jeyamangalam Police Station, Theni District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.A.SHEIK NASURDEEN, Advocate ( SR-5590[I] dated 21/05/2025 ) 4/5

ORDER

IN CRL OP(MD) No.8951 of 2025 Date :21/05/2025 NBF/22.05.2025 5P/7C MK/05.06.2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5