Priyathi Thevar v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Priyathithevar (81 years) S/o.Ramasamy Thevar No.84/2, West Street, Thonukal Kovilpatti, Thoothukudi District.
..Petitioner/ Accused -Sole Vs The State Represented by the Inspector of Police, Kovilpatti West Police Station, Thoothukudi District (in Crime No.690 of 2024) ... Respondent/Complainant For Petitioner : Mr.M.Vivek Kumar Advocate.
For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in S.C.No.167 of 2025 on the file of the learned II Additional District Judge, Thoothukudi 1/5
ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 16.12.2024 for the offences punishable under Section 103(1) of BNS in Crime No.690 of 2024 in S.C.No.167 of 2025 on the file of the learned II nd Additional District Judge, Thoothukudi, seeks bail.
2. The case of the prosecution is that there was a family dispute between the petitioner and the husband of the defacto complainant, as a result of which, on 16.12.2024, the petitioner had attacked the husband of the defacto complainant and murdered him. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would submit that the petitioner is the father of the deceased who is aged about 81 years. He would further submit that the petitioner is in custody from 16.12.2024. Hence, he seeks bail.
4. The learned Government Advocate (Criminal Side) would submit that the petitioner had consumed liquor and murdered his son. He further submitted that 2/5
there is no previous case pending as against the petitioner and the investigation has been completed. However, he objected to grant bail to the petitioner.
5. Taking into consideration of the facts and circumstances of the case and also the fact that the investigation has been completed and the charge sheet has also been filed in S.C.No.167 of 2025 on the file of the second Additional District Judge, Thoothukudi and taking into consideration of the period of incarceration and considering the fact that there is no previous case against 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 II Additional District Judge, 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 II Additional District Judge, Thoothukudi. 3/5
(c)If the petitioner changes his residential address, he shall report the same to the learned II Additional District Judge, Thoothukudi, [d] the petitioner shall appear and sign before the respondent police daily at 10.30 a.m.until further orders.
[e] the petitioner shall not abscond either during investigation or trial. [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]. 4/5
[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
sd/- 16/06/2025 / 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 II ADDITIONAL DISTRICT JUDGE, THOOTHUKUDI.
2 THE INSPECTOR OF POLICE, KOVILPATTI WEST POLICE STATION, THOOTHUKUDI DISTRICT 3 THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.9775 of 2025 Date :16/06/2025 SS/SAR- /16/06/2025/ 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5