Jeyamurugan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.06.2025 PRESENT The HONOURABLE MR.JUSTICE P.VADAMALAI Jeyamurugan, S/o.Thangasolai
...Petitioner / Sole Accused
Vs The State of Tamil Nadu, Rep by the Inspector of Police, Keelaparalachi Police Station, Virudhunagar District.
(Crime No.4 of 2025) ... Respondent/ Complainant For Petitioner : Mr.J.Senthil Kumar, Advocate.
For Respondent :
Mr.B.Thanga Aravindh, Government Advocate (Criminal Side) For Intervener : Mr.T.Indrachithu, Advocate PETITION FOR BAIL Under Sec.483 of BNSS, 2023. 1/7
PRAYER :- For Bail in Crime No.4 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / accused, who was arrested and remanded to judicial custody on 06.01.2025 for the offences under Sections 296(b) and 109 of the Bharatiya Nyaya Sanhita, 2023, read with Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 1998 , in Crime No.4 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner is the husband of the defacto complainant's daughter. The petitioner suspects his wife's character, hence, she separated from him and is currently residing in the defacto complainant's house. On 06.01.2025, at around 10.45 hours, while the defacto complainant's daughter was sitting near the house, the petitioner allegedly came there, abused her in filthy language, attacked with knife and caused stab injuries as well as he caused cut injuries around the neck of the defacto complainant's daughter, who is the wife of the petitioner. The victim was admitted in the hospital on 06.01.2025 and discharged on 21.01.2025. Hence, the case.
2/7
3. The learned counsel for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner has been falsely implicated in this case. He would further submit that investigation in this case has been completed and charge sheet also filed by the respondent police in P.R.C.No.26 of 2025 before the learned Judicial Magistrate, Aruppukottai, Virudhunagar District. He would further submit that the petitioner is in custody from 06.01.2025. Hence, he seeks bail.
4. The learned Government Advocate (Criminal Side) would submit that the petitioner herein harassed the defacto complainant's daughter and attempted to kill her. He further submits that the victim was admitted in the hospital on 06.01.2025 and she was discharged from the hospital on 21.01.2025. He would further submit that investigation in this case has been completed and charge sheet also filed in P.R.C.No.26 of 2025 before the learned Judicial Magistrate, Aruppukottai, Virudhunagar District. He, however, would submit that, at this stage, if bail is granted to the petitioner, he will cause threat to the defacto complainant and his family members. He, therefore, opposes the grant of bail to the petitioner.
5. The learned counsel for the defacto complainant would submit that the 3/7
petitioner behaved in a psychotic manner and frequently harassed and tortured the victim both physically and mentally without any provocation. At the time of the occurrence, the victim was pregnant. He would further submit that the petitioner abused the victim in filthy language, attacked her with a knife, and caused stab injuries, including cut injuries around her neck. The neck injury required more than 15 stitches, and additional stitches were also administered for injuries sustained on various other parts of her body. He, however, would submit that, at this stage, if bail is granted to the petitioner, he will cause threat to the defacto complainant and his family members. He, therefore, opposes the grant of bail to the petitioner.
6. This Court has heard the learned counsel on either side and perused the materials available on record.
7. Taking into consideration the facts and circumstances of the case and the nature of the offence allegedly committed by the petitioner and also taking into consideration the period of incarceration and also the fact that investigation has already been completed, this court is inclined to grant bail to the petitioner, however, subject to the following conditions: 4/7
8. Accordingly, the petitioner is ordered to be released on bail on his 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 learned Judicial Magistrate, Aruppukottai, 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, Aruppukottai. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate, Aruppukottai.
[c] the petitioner shall appear and sign before the respondent police daily at 06.00 p.m. until further orders and the petitioner is also directed to appear before the Trial Court on all hearing dates without fail. [d] the petitioner shall not abscond either during investigation or trial. 5/7
[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 of BNS, 2023.
9. In the result, this Criminal Original Petition is allowed subject to the conditions stated supra. Consequently, the connected miscellaneous petition is closed.
sd/- 13/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
6/7
pal TO
1. The Judicial Magistrate, Aruppukottai.
2. Do-Through The Chief Judicial Magistrate, Virudhunagar District @ srivilliputhur.
3. The Officer-in-Charge, Sub-Jail, Aruppukottai.
4. The Inspector of Police, Keelaparalachi Police Station, Virudhunagar District.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.9680 of 2025 Date :13/06/2025 HPS/13.06.2025 /7P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7