P. Manojraj v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI P.Manojraj, S/o.Pandidurai, No.1/18, Pothikulam, Kadaladi, Oruvanendal, Pothikulam, Ramanathapuram District.
..Petitioner/Accused NO.6 Vs The State rep.by The Inspector of Police, Kadaladi Police Station, Ramanathapuram District.
(Crime No.17 of 2025) ... Respondent/Complainant For Petitioner : M/s.K.Dinesh Advocate.
For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.17 of 2025 on the file of the Respondent Police. 1/6
ORDER : This Court made the following order :- The petitioner / Accused No.6, who was arrested and remanded to judicial custody on 23.02.2025 for the offences punishable under Sections 49, 126(2), 191(2), 191(3), 296(b), 103, 351(3), 61(2) of the 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 the Defacto-complainant and the first accused are residing in the same area. On 19.01.2025, the defacto-complainant and the first accused quarrelled and attacked each other and sustained injury. Keeping on the previous enmity, on 18.02.2025, at about 10.00a.m. this petitioner and other accused persons waylaid the vehicle of the son of the Defacto-complainant namely Karuppasamy and they brutally assaulted him and abused him in filthy language. The said Karuppasamy sustained severe injury and died. Hence, the case.
3. The learned counsel for the petitioner would submit that this petitioner has been falsely implicated in this case and there is previous motive between the Defacto-complainant and the first accused. There are totally 13 accused, the petitioner was arrayed as sixth accused. The petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner has been falsely implicated in the case. The petitioner is ready and willing to abide and 2/6
conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 23.02.2025 nearly 103 days. Hence, he seeks bail.
4. The learned Government Advocate (Criminal Side) would submit that due previous enmity between the defacto-complainant and the first accused, on 18.02.2025, this petitioner and other accused persons brutally attacked the Defactocomplainant's son Karuppasamy. He sustained severe injury and died in the spot. In this case, investigation is completed and the charge sheet has been filed through efiling. In this case, A2, A4 and A7 have filed bail application before the Sessions Judge, Ramanathapuram and the Hon'ble court has granted bail to the said accused persons by an order dated 23.05.2025. This petitioner is having three previous cases. Hence, he objected to grant bail to the petitioner.
5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that the other accused namely A2, 4 and 7 have got bail order on 23.05.2025 passed by the learned Vacation Sessions Judge, Ramanathapuram, in this case, investigation is almost completed and the charge sheet has been filed through e-filing and considering the fact that the petitioner/accused No.6 remanded into judicial custody on 23.02.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:
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6. Accordingly, 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 Judicial Magistrate, Kadaladi, Ramanathapuram District 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 Judicial Magistrate, Kadaladi, Ramanathapuram District. If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate, Kadaladi, Ramanathapuram District ;
[c] the petitioner stay at Theni and appear and sign before the Theni City Police Station, Theni District daily twice at 10.30 a.m. and 5.30p.m. until further orders.
[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 4/6
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 BNS.
sd/- 05/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
gvn TO 1 THE JUDICIAL MAGISTRATE, KADALADI, RAMANATHAPURAM DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT.
3 THE INSPECTOR OF POLICE, THENI CITY POLICE STATION, THENI DISTRICT.
4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.
5. The Inspector of Police, Kadaladi Police Station, Ramanathapuram District. 5/6
6. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.9338 of 2025 Date :05/06/2025 MK/05.06.2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6