Kumaravel v. The State Of Tamilnadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.06.2025 PRESENT The HONOURABLE MR.JUSTICE P.VADAMALAI Kumaravel, S/o.Murugesan
...Petitioner / AccusedRank Not Known
Vs The State of Tamil Nadu, Rep by the Inspector of Police, Uvari Police Station, Tirunelveli District.
(Crime No.104 of 2025) ... Respondent/ Complainant For Petitioner : Mr.B.Arun, Advocate.
For Respondent :
Mr.B.Thanga Aravindh, Government Advocate (Criminal Side) PETITION FOR BAIL Under Sec.483 of BNSS, 2023. PRAYER :- For Bail in Crime No.104 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 1/6
03.05.2025 for the offences under Section 85, 316, 303(2), 79 and 351(2) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.104 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. From the date of marriage itself, the petitioner and his mother have been demanding money from the defacto complainant and have been harassing her. Furthermore, the petitioner has availed various loans in the name of the defacto complainant and has failed to repay the said loans and caused cruelty. Hence, the case.
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 a false case has been foisted against the petitioner. He would further submit that there are no previous cases against the petitioner. He would further submit that the petitioner is in custody from 03.05.2025. Hence, he seeks bail.
4. The learned Government Advocate (Criminal Side) would submit that the petitioner is the husband of the defacto complainant. From the very date of marriage, the petitioner, along with his mother, had been demanding more money from the defacto complainant and harassing her by pointing out her inability to 2/6
achieve motherhood. However, considering her future life, the defacto complainant tolerated all the harassments caused by the petitioner. Moreover, the petitioner had availed various loans in the name of the defacto complainant and failed to repay the same. As a result, she also endured insults from the lenders who had extended loans to the petitioner. Further, she had given money to the petitioner, which he also failed to repay. In these circumstances, being unable to tolerate the cruelty inflicted by the petitioner and his mother, the defacto complainant lodged a complaint, pursuant to which a case has been registered. He, however, would submit that the investigation in this case is still pending and that, at this stage, if bail is granted to the petitioner, he will cause threat to the defacto complainant and tamper with the evidence. He, therefore, opposes the grant of bail to the petitioner.
5. This Court has heard the learned counsel on both sides and perused the materials available on record.
6. 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, this court is inclined to grant bail to the petitioner, however, subject to the following conditions:
7. 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 Court, 3/6
Radhapuram, 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 Court, Radhapuram. If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate Court, Radhapuram. [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 of BNS, 2023.
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8. In the result, this Criminal Original Petition is allowed subject to the conditions stated supra.
sd/- 10/06/2025 / TRUE COPY / 10/06/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
PAL TO
1. THE JUDICIAL MAGISTRATE COURT, RADHAPURAM.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3. THE SUPERINTENDENT, CENTRAL PRISON, TIRUNELVELI.
4. THE INSPECTOR OF POLICE, UVARI POLICE STATION, TIRUNELVELI DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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ORDER
IN CRL OP(MD) No.9688 of 2025 Date :10/06/2025 PR/10.06 .2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6