Stephine v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Stephine, (Aged 20 years) S/o.Yesu Gnana Antony .. Petitioner/ Accused No.6 Vs State of Tamil Nadu, Through the Inspector of Police, North Police Station, Thoothukudi.

(Crime No.288 of 2025) .. Respondent/Complainant For Petitioner :

Mr.KA.Raamakrishnan For Respondent :

Mr.B.Thanga Aravindh Government Advocate (Criminal Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER : For Bail in Crime No.288 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/ Accused No.6, who was arrested and remanded to judicial custody on 21.04.2025 for the offences punishable under Sections 296(b), 109, 351(3) 1/5

of BNS and later @ 103(1) of BNS, in Crime No.288 of 2025 on the file of the respondent police, seeks bail,

2. The case of the prosecution is that the petitioner along with other accused persons have drove bike in a rash and negligent manner and the same was questioned by the defacto complainant and other victims, the petitioner along with other accused persons have attacked the defacto complainant and other victims, due to which one victim died and others sustained injuries. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that there is no overtact attributed against this petitioner. He further submitted that the petitioner is in judicial custody from 21.04.2025. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) submitted that the petitioner along with other accused persons had consumed alcohol and drove the bike rash and negligent manner and attacked the defacto complainant and others. He further submitted that co-accused had already been arrested and remanded to judicial custody and there is no previous case pending as against the petitioner. However, he objected to grant bail to the petitioner. 2/5

5. Considering the facts and circumstances of the case and also the fact that the material part of the investigation might have been completed and there is no previous case pending against the petitioner and also considering the period of incarceration suffered by the petitioner, this court is inclined to grant bail to the petitioner, subject to the following conditions:

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 the learned Judicial Magistrate No.III, Thoothukudi, 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 Judicial Magistrate No.III, Thoothukudi. (c)If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.III, Thoothukudi, [d] the petitioner shall stay Madurai and report before the Inspector of Police, Thallakulam Police Station, Madurai, daily at 10.30 a.m. and 05.30 p.m., until further orders.

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

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

[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.

sd/- 20/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

msrm To 1 THE JUDICIAL MAGISTRATE NO.III THOOTHUKUDI.

2 THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI.

3 THE INSPECTOR OF POLICE, THALLAKULAM POLICE STATION, MADURAI.

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4. The Superintendent, Central Jail, Perurani, Tuticorin.

5. The Inspector of Police, North Police Station Thoothukudi.

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

ORDER

IN CRL OP(MD) No.9357 of 2025 Date :20/06/2025 MK/20.06.2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5