Madras High CourtCRL OP(MD)/9252/2025allowed

Marimuthu @ Guna v. The State Of Tamilnadu

2025-06-04Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI

1. Marimuthu @ Guna

2. Maharajan

3. Chinnadurai

4. Shanmugavelan

5. Esakkimuthu ... Petitioners/Accused Vs The State of Tamilnadu, Rep By, The Inspector of Police, Pettai Police Station, Tirunelveli District, Cr.No.143/2025.

... Respondent/Complainant For Petitioners : Mr. P.Samuel Gunasingh Advocate.

For Respondent : Mr.B. Thanga Aravnidh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.143 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners/Accused, who were arrested and remanded to judicial 1/4

custody on 25.05.2025 for the offences under sections 191(2), 126(2), 296(b), 109 and 351(3) of BNS, 2023 in Crime No.143 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that due to the previous enimity, the petitioners herein have unlawfully assembled with deadly weapons and attacked the defacto complainant and also abused him in filthy language. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and a false case has been foisted against them. He would further submit that it is a case and counter. Hence, he seeks bail.

4. The learned Government Advocate (Crl.side) would submit that it is a case in counter and no one has sustained injury in the said occurrence. He further submitted that there is no previous case pending against the petitioners. He further submitted that investigation of the case is pending and hence, he strongly opposed to grant bail to the petitioners.

5. Taking into consideration the facts and circumstances of the case and also the fact that it is a case in counter and also taking into consideration the period of incarceration and taking note of the fact that the petitioners have no previous case, this court is inclined to grant bail to the petitioners, subject to the certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail on their 2/4

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 learned Judicial Magistrate No.V, Thirunelveli, 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 petitioners shall submit their residential address and contact number before the learned Judicial Magistrate No.V, Thirunelveli. If the petitioners change their residence they shall inform the same to the said Magistrate without fail. [c] the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;

[d] the petitioners shall not abscond either during investigation or trial; [e] the petitioners 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 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]; and 3/4

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

sd/- 04/06/2025 / TRUE COPY / 04/06/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

trp TO 1 THE JUDICIAL MAGISTRATE NO.V, THIRUNELVLEI. 2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THIRUNELVELI DISTRICT.

3 THE SUPERINTENDENT,SUB JAIL, AMABASAMUDIRAM. 4 THE INSPECTOR OF POLICE, PETTAI POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.9252 of 2025 Date :04/06/2025 NBF/04.06.2025 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4