Muthukrishnan @ Karthik v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI
1. Muthukrishnan @ Karthik, S/o.Piramanayagam,
2. Petchimuthu, S/o.Murugan 3.Petchimuthu @ Arun, S/o.Thirumalai Nambi ..Petitioners/ Accused Nos.1,3& 4 Vs The State of Tamilnadu rep.by The Inspector of Police, Seethaparpanallur Police Station, Tirunelveli District.
(Crime No.101 of 2025) .. Respondent/Complainant For Petitioners : Mr.KA.Raamakrishnan Advocate.
For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) 1/6
PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.101 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioners / Accused Nos.1,3&4, who were arrested and remanded to judicial custody on 07.05.2025 for the offences punishable under Sections 194 of BNSS altered into 105 of BNS in Crime No.101 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the deceased gave sexual harassment to one Mariammal and the same was not tolerated by her and she informed the same to her sons, due to which, the accused persons went to the victim's house and warned him and there arose wordy quarrel and assaulted him with hand and legs and stomped in his neck. He sustained severe injury and died on the spot. Hence, the case.
3. The learned counsel for the petitioners would submit that it is not a preplanned murder. The material part of investigation ought to have been completed. The petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. The petitioners are ready and willing to abide and 2/6
conditions that may be imposed by this Court. He would further submit that the petitioners are in custody from 07.05.2025 nearly 50 days. Hence, he seeks bail.
4. The learned Government Advocate (Criminal Side) would submit that the deceased gave sexual harassment to one Mariammal and the same was not tolerated by her and she informed the same to her sons, due to which, the accused persons went to the victim's house and there arose wordy quarrel and assaulted him with hand and legs and stomped in his neck, thereby he had sustained severe injury and died on the spot. In this case, investigation is still pending. There is no previous case against these petitioners. However, he strongly objected to grant bail to the petitioners.
5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that in this case, the FIR was registered on 05.05.2025, by this time, most of the investigation might have been completed, there is no previous case against the petitioner, the petitioners/accused remanded into judicial custody on 07.05.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:
6. Accordingly, the petitioners are ordered to be released on bail on executing separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of Judicial Magistrate, Alankulam, 3/6
Tirunelveli District 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 petitioners shall furnish their residential address and contact numbers to the Judicial Magistrate, Alankulam, Tirunelveli District. If the petitioners changes their residential address, he shall report the same to the Judicial Magistrate, Alankulam, Tirunelveli District;
[c] the petitioners shall appear and sign before the respondent police daily at 10.30 a.m., until further orders.
[d] the petitioners shall not abscond either during investigation or trial. [e] the petitioners 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 petitioners 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]. 4/6
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
sd/- 25/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
GVN TO 1 THE JUDICIAL MAGISTRATE, ALANKULAM, TIRUNELVELI DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.
3 THE SUPERINTENDENT, CENTRAL JAIL, PALAYAMKOTTAI.
TIRUNELVELI DISTRICT.
4 THE INSPECTOR OF POLICE SEETHAPARPANALLUR POLICE STATION, TIRUNELVELI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
5/6
ORDER
IN CRL OP(MD) No.10614 of 2025 Date :25/06/2025 NM/25.06.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6