Muthuganesh v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Muthuganesh, S/o.Paramasivan, Bharadhidasan Nagar 3rd Street,Vilar Road, Thanjavur District.
... Petitioner/Accused Vs The State of Tamil Nadu, Rep by the Inspector of Police, Thanjavur Taluk Police Station, Thanjavur District.
Crime No.372 of 2025.
... Respondent/Complainant For Petitioner : Mr.Dhilipan Pandian R.L, 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.372 of 2025 on the file of the Respondent Police. 1/6
ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 11.06.2025 for the offences punishable under Sections 191(2), 296(b), 131, 351(2) BNS and Section 3 (1) of TNPPDL Act in Crime No.372 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 10.06.2025, due to wordy quarrel, the petitioner along with other accused entered into the shop of the defacto complainant and abused his servants in filthy language and also attacked them with hands and legs and also damaged the chairs and glass of the shop, worth about Rs.5,000/-. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and wiling to abide by any conditions imposed by this Court. He would further submit that the petitioner is in custody from 11.06.2025 nearly 13 days. Hence, he seeks bail.
4. The learned Government Advocate (Criminal Side) would submit that due to wordy quarrel, the petitioner along with other accused entered into the shop of the 2/6
defacto complainant and abused his servants in filthy language and also attacked them with hands and legs and also damaged the chairs and glass of the shop, worth about Rs.5,000/-. There is no previous case against the petitioner and the injured has been discharged from the hospital. In this case, investigation is pending. Hence, he objected to grant bail to the petitioner.
5. Taking into consideration of the facts and circumstances of the case and considering fact that there is no previous case against this petitioner and the injured was discharged from the hospital and also taking note of the fact that the petitioner/accused remanded into judicial custody on 11.06.2025, 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 petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties, each for a like sum to the satisfaction of Judicial Magistrate No.II, Thanjavur 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 3/6
Book to ensure their identity.
[b] the petitioner shall make a non refundable deposit of Rs.2,000/- (Rupees Two Thousand only) to the credit of Crime No.372 of 2025, without prejudice to his defence before the trial Court and produce the acknowledgment at the time of executing bond;
[c] The petitioner shall furnish his residential address and mobile number to the Judicial Magistrate No.II, Thanjavur District. (d)If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate No.II, Thanjavur District; [e] the petitioner shall appear and sign before the respondent police daily at 10.30 a.m. until further orders.
[f] the petitioner shall not abscond either during investigation or trial. [g] the petitioner shall not tamper with evidence or witness either during 4/6
investigation or trial.
[h] 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]. [i] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
sd/- 23/06/2025 / TRUE COPY / 23/06/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
LS TO 1 THE JUDICIAL MAGISTRATE NO.II THANJAVUR DISTRICT 2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
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3 THE OFFICER INCHARGE DISTRICT PRISON, THANJAVUR, THANJAVUR DISTRICT. 4 THE INSPECTOR OF POLICE, THANJAVUR TALUK POLICE STATION, THANJAVUR DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.10417 of 2025 Date :23/06/2025 SS/SAR- /23/06/2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6