Sundari v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16.06.2025 PRESENT The HONOURABLE MR.JUSTICE P.VADAMALAI Sundari, D/o.Parthiban

...Petitioner / Accused

Rank Not Known Vs The State of Tamil Nadu, Rep by the Sub-Inspector of Police, Maraneri Police Station, Virudhunagar District.

(Crime No.76 of 2025) ... Respondent / Complainant For Petitioner : Mr.S.Veerapandi Selvaraj, Advocate.

For Respondent :

Mr.B.Thanga Aravindh, Government Advocate (Criminal Side) PETITION FOR BAIL Under Sec.483 of BNSS, 2023. 1/6

PRAYER :- For Bail in Crime No.76 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 19.03.2025 for the offences under Sections 191(2), 191(3), 296(b), 332(a), 103(1), and 351(3) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.76 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant lodged a complaint before the respondent police, stating that due to prior enmity between the defacto complainant and the accused persons, on 16.03.2025, the accused persons brutally assaulted the defacto complainant's son, Suresh, with deadly weapons. As a result, Suresh sustained grievous injuries and died on the spot. During the occurrence, the accused persons also abused the defacto complainant and his family members using filthy language and further threatened them with dire consequences. Thereafter, the accused persons fled from the scene of occurrence. Hence the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent and she has not committed any offence as alleged by the prosecution. He 2/6

would further submit that a false case has been foisted against the petitioner. He would further submit that the petitioner is in custody from 19.03.2025. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that there are totally seven accused persons in this case and the petitioner has been arrayed as A6. He would further submit that the accused persons brutally assaulted the defacto complainant's son with deadly weapons, resulting in his death. He would further submit that the investigation in this case has been completed, and the charge sheet has been filed through e-filing. He would further submit that there are no previous cases against the petitioner. He, however, would submit that at this stage, if bail is granted to the petitioner, she will abscond and tamper with the evidence and thereby causing delay in the trial proceedings. 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, the nature 3/6

of the offence allegedly committed by the petitioner and taking into consideration the period of incarceration and also the fact that the petitioner has no previous cases, 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 No.I, Sivakasi, 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 No.I, Sivakasi. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.I, Sivakasi.

[c] the petitioner shall appear and sign before the respondent police daily at 4/6

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.

8. In the result, this Criminal Original Petition is allowed subject to the conditions stated supra.

sd/- 16/06/2025 / TRUE COPY / 16/06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

pal 5/6

TO

1. The Judicial Magistrate No.I, Sivakasi.

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

3. The Superintendent, Central Prison for Women, Madurai.

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

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

ORDER

IN CRL OP(MD) No.9977 of 2025 Date :16/06/2025 HPS/16.06.2025 /6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6