Chinnadurai v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Chinnadurai, S/o.Karuppasamy, Alantha, Srivaikundam Taluk, Thoothukudi District.

..Petitioner/ Accused Vs The State of Tamilnadu rep.by The Inspector of Police, Puliyampatti Police Station, Thoothukudi District.

(Crime No.25 of 2024) .. Respondent/Complainant For Petitioner : Mr.I.Pinayagash 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.25 of 2024 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody 1/5

on 24.06.2024 for the offences punishable under Sections 302 of IPC in Crime No.25 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 24.06.2024, at about 06.30a.m. The petitioner herein dashed the victim with a TATA Sumo Car and murdered him. The petitioner is the son of the victim. Since the petitioner did not provide basic necessities to his father/victim, his father has sold his land and deposited the amount in favour of him. Due to the same, the petitioner has murdered his father. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide and conditions that may be imposed by this Court. This petition is a second bail petition. He would further submit that the petitioner is in custody from 24.06.2024 nearly 1 year. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that the deceased is none other than the petitioner's father, due to property dispute, the petitioner has murdered his own father. This petitioner is having one previous case. Moreover, the detention order under Goondas Act was quashed by this court. In this case, investigation is completed, charge sheet has been filed and the same was taken 2/5

on file in S.C.No.274 of 2024 on the file of the II Additional District Judge, Thoothukudi. However, 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 in this case, investigation was completed and the charge sheet was filed in S.C.No.274 of 2024 on the file of the II Additional District Judge, Thoothukudi, the petitioner/accused remanded into judicial custody on 24.06.2024, taking into consideration of the period of incarceration, 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 II Additional District & Sessions Judge (FAC), 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 II Additional District & Sessions Judge (FAC), Thoothukudi. If the petitioner changes his residential address, he shall report the same to the II Additional District & Sessions Judge (FAC), Thoothukudi;

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[c] the petitioner shall appear and sign before the respondent police daily at 10.30 a.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 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/- 09/06/2025 / 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 II ADDITIONAL DISTRICT AND SESSIONS JUDGE (FAC), THOOTHUKUDI.

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2 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE, PULIYAMPATTI POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1 CC to M/s.I.PINAYGASH, Advocate ( SR-6065[I] dated 09/06/2025 )

ORDER

IN CRL OP(MD) No.9565 of 2025 Date :09/06/2025 SA/SAR. /09.06.2025/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5