Madhavan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.05.2025 PRESENT THE HONOURABLE MS. JUSTICE R.POORNIMA 1.Madhavan 2.Manoj 3.Dinesh 4.Deepan 5.Raja 6.Gokulakrishnan 7.Madhan 8.Sethupathi ... Petitioners/Accused Nos.1 to 6, 8 and 10 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Vadakadu Police Station, Pudukkottai District.

Crime No.53 of 2025.

... Respondent/Complainant For Petitioners :

Mr.R.Alagumani For Respondent :

Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS 1/5

PRAYER :- For Bail in Crime No. 53 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners/A1 to A6, A8 and A10, who were arrested and remanded to judicial custody for the offences under Sections 191(2), 193(2), 296(b), 109, 115(2), 118

(1) and 351(3) in Crime No.53 of 2025 on the file of the respondent police, seek bail. A1 to A4, A6 were arrested and remanded to judicial custody on 07.05.2025, A5 was arrested and remanded to judicial custody on 06.05.2025 and A8 and A10 were arrested and remanded to judicial custody on 12.05.2025.

2. The case of the prosecution is that on 05.05.2025, at about 09.00 p.m., the petitioners and other accused persons, armed with weapons assaulted the defacto complainant and others and caused injuries. Hence, the case.

3. The learned Counsel appearing for the petitioners submitted that originally, due to communal clash, the defacto complainant and others beat up the petitioners and others and also set fire to motorcycles. In this regard, already an FIR has been registered in Crime No.52 of 2025 on the file of the respondent-Police and the present Crime Number is case in counter. He further submitted that the petitioners are innocent and they are not involved in any offences and they were wrongly implicated in this case. He also submitted that A1, A2 and A5 are college going 2/5

students and that A1 to A4, A6 were arrested and remanded to judicial custody on 07.05.2025, A5 was arrested and remanded to judicial custody on 06.05.2025 and A8 and A10 were arrested and remanded to judicial custody on 12.05.2025. Hence, prayed for grant of bail to the petitioners.

4. The learned Additional Public Prosecutor appearing for the State submitted that the injured persons have been discharged from the hospital. However, Police picketing is there.

5.Taking into consideration of the facts and circumstances of the case and in view of the fact that injured have already been discharged, this Court is inclined to grant bail to the petitioners subject to the following conditions.

6. Accordingly, the criminal original petition is ordered and the petitioners are ordered to be released on bail on executing a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Alangudi, 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] in order to keep peace in the Village, the petitioners shall stay in 3/5

Villupuram District and Sign before Town Police Station, Villupuram District daily at 10.30 a.m and 05.30 p.m. until further orders. [c] the petitioners shall appear before the trial Court during every hearing date without fail.

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioners shall not abscond 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 BNS 2023.

sd/- 28/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

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mbi TO 1 THE JUDICIAL MAGISTRATE, ALANGUDI.

2 THE CHIEF JUDICIAL MAGISTRATE PUDUKKOTTAI DISTRICT.

3 THE OFFICER INCHARGE, SUB JAIL, ARANTHANGI.

4. The Inspector of Police, Vadakadu Police Station, Pudukkottai District.

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

Copy To:

The Inspector of Police, Town Police Station, Villupuram District +1 CC to M/s.R.ALAGUMANI, Advocate ( SR-5795[I] dated 28/05/2025 )

ORDER

IN CRL OP(MD) No.9076 of 2025 Date :28/05/2025 MK/28.05.2025 5P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5