Kanimozhi 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 Kanimozhi ... Petitioner/Accused No.1 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Mattuthavani Police Station Madurai District Crime No.193 of 2025.

... Respondent/Complainant For Petitioner : M/s.B.Sudha Sathyanandh For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 193 of 2025 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 18.03.2025 for the offence under Section 194 of Bharatiya Nagarik Suraksha Sanhita 1/5

(BNSS) 2023 and later altered into under Sections 189(2), 61(2), 103(1) and 315 of BNS in Crime No.193 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant's husband has not returned from his office. The second wife conducted him over phone, but he has not responded. Hence, she rushed to his office and break-open the door and found that the defacto complainant's husband had died. Hence, the complaint.

3. The learned Counsel appearing for the petitioner submitted that the petitioner never committed any offence as alleged by the respondent police. No eye witnesses are there in order to implicate that this petitioner as an accused. He further submitted that the deceased is a womanizer. Since the petitioner and the deceased had money dispute, she had been roped in this case. Hence, he prayed for granting bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the State submitted that the deceased was a womanizer. The petitioner, A1 borrowed money from the deceased for which he offered sexual favour from the petitioner, her daughter and other relatives. On the date of occurrence, the petitioner along with other relatives went to the office of the petitioner and kicked on the deceased private part due to which he staggered down and died. The learned Additional Public Prosecutor has further stated that Accused Nos.2 to 5 were already granted bail by this Court and 2/5

the investigation is almost completed.

5.Taking into consideration of the fact that the investigation is almost completed and the presence of A1 for interrogation is not necessary and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner subject to the following conditions.

6. Accordingly, the criminal original petition is ordered and the petitioner is ordered to be released on bail on 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 Judicial Magistrate No.VI, Madurai, 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 appear before the trial Court during every hearing date without fail.

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

[e] the petitioner shall not abscond either during investigation or trial. 3/5

[f] the petitioner shall not in any manner interfere with or disturb the victim girl.

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

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

MSA TO 1 THE JUDICIAL MAGISTRATE NO.VI, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI (SPECIAL PRISON FOR WOMEN).

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

ORDER

IN CRL OP(MD) No.9162 of 2025 Date :28/05/2025 SA/SAR. /28.05.2025/5P/C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5