Selvakumar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/07/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Selvakumar (Age 50/25) S/o.Veeranan ..Petitioner/ Accused No.3 Vs State of Tamil Nadu Rep by the Sub-Inspector of Police, Rajapalayam North Police Station, Rajapalayam, Virudhunagar District.

(Crime No.211 of 2025) ... Respondent/Complainant For Petitioner : Mr.P.Ramesh 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.211 of 2025 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioner / Accused No.3, who was arrested and remanded to judicial custody on 15.04.2025 for the offences punishable under Sections 115(2), 118(2), 103 (1), 238(a) of BNS, in Crime No.211 of 2025 on the file of the respondent police, seeks bail,

2. The case of the prosecution is that A1 is the wife of the deceased and A2 is daughter of the deceased and A3/petitioner is the brother of A1 and there was a previous enmity existed between them in respect of A2 that she was living with her mother's house due to misunderstanding with her husband and in continuation to that on 15.04.2025 at about 09.30 Hours, the petitioner along with other accused persons had assaulted the deceased/Subramanian with iron road and hanging him with nylon rope and thereby caused death to him. Hence, the complaint. 2/6

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 further submit that the petitioner is the brother of A1, he was falsely implicated in this case. He would further submit that the petitioner is in custody from 15.04.2025. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that the daughter of deceased already married one person and she is having extra marital affair with another person, hence, the deceased had advise his daughter to go with her husband and the same was refused by A2, at that time, there was wordy quarrel between them, the accused persons have attacked the deceased with iron rod and hanging him with nylon rope and caused death to him. He would further submit that the property has been recovered and the investigation has been almost completed. However, he raised formal objection 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 almost completed and the property has been recovered and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the 3/6

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 Judicial Magistrate, Rajapalayam, 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, Rajapalayam. (c)If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate, Rajapalayam. [d] the petitioner shall report before the Inspector of Police, Tenkasi Police Station, Tenkasi, daily at 10.30 a.m., until further orders. 4/6

[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]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 02/07/2025 / TRUE COPY / 02/07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) 5/6

Madurai Bench of Madras High Court, Madurai - 625 023.

msrm To

1. The Judicial Magistrate, Rajapalayam.

2. Do Through The Chief Judicial Magistrate, Virudhunagar District @ Srivilliputhur.

3. The Superintendent, Central Prison, Madurai.

4. The Sub-Inspector of Police, Rajapalayam North Police Station, Rajapalayam, Virudhunagar District.

5. The Inspector of Police, Tenkasi Police Station, Tenkasi.

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

ORDER

IN CRL OP(MD) No.9802 of 2025 Date :02/07/2025 HPS/02.07.2025 /6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6