Prasanth v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.06.2025 PRESENT The HONOURABLE MR.JUSTICE P.VADAMALAI Prasanth, S/o.Subramanian

...Petitioner / Accused No.7

Vs The State of Tamil Nadu, Rep by the Inspector of Police, Dindigul Town South Police Station, Dindigul District.

(Crime No.659 of 2016) ... Respondent/ Complainant For Petitioner :

Mr.S.Arjun, Advocate.

For Respondent :

Mr.B.Thanga Aravindh, Government Advocate (Criminal Side) PRAYER :- Petition for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to enlarge the petitioner on bail in Crime No.659 of 2016 on the file of the respondent police in S.C.No.59 of 2021 on the file of the Fast Track Mahila Court, Dindigul.

ORDER : The Court made the following order :- The petitioner / accused, who was arrested and remanded to judicial custody on 04.03.2025. The petitioner was facing trial before learned Fast Track Mahila Court, 1/6

Dindigul in S.C.No.59 of 2021 for the offences punishable under Sections 120(b), 147, 148, 341, 326, 506(ii) and 302 read with Section 149 of the Indian Penal Code, 1860, in Crime No.659 of 2016 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant's husband, Manimaran, an auto driver and executive committee member of the Hindu Munnani party, had long-standing political enmity with Dharman (A1), a South Zone leader of Hindu Makkal Katchi. During Vinayagar Chathurthi, a dispute arose over the erection of a statue, leading to police warnings and heightened tensions. On 30.10.2016, two associates of A1 roamed the area with knives, and on 31.10.2016, Manimaran was attacked and fatally stabbed by A1, A2, and A4, while A5 allegedly prevented neighbours from intervening. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He would further submit that a false case has been foisted against the petitioner. He would further submit that the respondent police have filed the final report, which has been taken on file by the learned Fast Track Mahila Court, Dindigul, in S.C.No. 59 of 2021. Subsequently, a Non-Bailable Warrant (NBW) was issued against the petitioner on 22.11.2022 and was executed on 22.08.2024, pursuant to which he was remanded to judicial custody. Thereafter, the petitioner/Accused No.7 filed a bail application 2/6

before this Court in Crl.O.P.(MD).No.17106 of 2024, which was dismissed on 04.10.2024. A second bail application filed in Crl.O.P.(MD).No.19134 of 2024 was also dismissed on 07.11.2024. Subsequently, a third bail application was filed in Crl.O.P. (MD).No.22802 of 2024 and the same was allowed on 10.01.2025 with certain conditions. In compliance with the order of this Court, the petitioner was directed to report before the Fast Track Mahila Court, Dindigul, daily at 10:30 a.m., except on the days when the case was listed for hearing, until further orders. He would further submit that the petitioner had been complying with the said condition diligently without any default. However, due to ill health as the petitioner was suffering from jaundice, he was unable to comply with the condition of daily reporting before the Court as directed. The said lapse was neither willful nor wanton. Thereafter, while the petitioner was appearing before the learned Trial Court for regular hearing on 04.03.2025, he was remanded to judicial custody. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that the petitioner has been arrayed as A7. He would further submit that the respondent police have filed a status report stating that, as per the medical report, the petitioner is suffering from jaundice in its initial stage. He would further submit that the case is now posted for examination of further witnesses. He would further submit that there is one previous case against the petitioner. Therefore, opposes the grant of bail to the 3/6

petitioner.

5. This Court has heard the learned counsel on both sides and perused the materials available on record.

6. Taking into consideration the facts and circumstances of the case and the nature of the offence allegedly committed by the petitioner and also taking into consideration the period of incarceration and also considering the medical condition of the petitioner, this court is inclined to grant bail to the petitioner, however, subject to the following conditions:

7. 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 the learned Fast Track Mahila Court, Dindigul 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 furnish his residential address and mobile number to the learned Fast Track Mahila Court, Dindigul. If the petitioner changes his residential address, he shall report the same to the learned Fast Track Mahila Court, Dindigul. [c] the petitioner shall appear and sign before the respondent police daily at 4/6

10.30 a.m. until further orders except on hearing dates. On hearing dates, the petitioner shall appear before the Trial Court without fail. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

8. In the result, this Criminal Original Petition is allowed subject to the conditions stated supra.

sd/- 18/06/2025 / TRUE COPY / 18/06/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

5/6

PAL TO 1 THE JUDGE, FAST TRACK MAHILA COURT, DINDIGUL.

2 THE OFFICER INCHARGE, DISTRICT JAIL, DINDIGUL.

3 THE INSPECTOR OF POLICE, DINDIGUL TOWN SOUTH POLICE STATION, DINDIGUL DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.9782 of 2025 Date :18/06/2025 SA/SAR. /18.06.2025/6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6