Kumaresan 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 Kumaresan, S/o. Murugesan, No.540, Sakthi Nagar, Namanasamuthiram, Thirumayam Taluk, Pudukkottai District. ... Petitioner/Accused Vs The State of Tamil Nadu, Rep. by Its, the Inspector of Police, Namanasamudram Police Station, Pudukkottai District.
Crime No.50 of 2025. ... Respondent/Complainant For Petitioner : Mr.G.Mathavan, Advocate.
For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.50 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 1/5
on 01.06.2025 for the offences punishable under Sections 296(b) and 109 of BNS, in Crime No.50 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that due to previous enmity, on 01.06.2025, the petitioner abused the defacto complainant in filthy language and also assaulted him with a sword and caused injuries to him. 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 01.06.2025 nearly 23 days. Hence, he seeks bail.
4. The learned Government Advocate (Criminal Side) would submit that there was dispute between the Defacto-complainant and the petitioner, due to previous enmity, on 01.06.2025, the petitioner abused the defacto complainant in filthy language and also assaulted him with a sword and caused injuries to him. He would further submit that the injured has been discharged from the hospital and that counter case has been registered against the defacto complainant in Crime No.49 of 2025. There are four previous cases against the petitioner and hence, he objected to grant bail to the petitioner.
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5. Taking into consideration of the facts and circumstances of the case and considering fact that the injured was discharged from the hospital and that it is a case and counter case and also taking note of the fact that the petitioner/accused remanded into judicial custody on 01.06.2025, 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.25,000/- (Rupees Twenty Five thousand only) with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate, Thirumayam, Pudukottai 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 petitioner shall furnish his residential address and mobile number to the Judicial Magistrate, Thirumayam, Pudukottai District. (c)If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate, Thirumayam, Pudukottai District; [d] the petitioner shall appear and sign before the respondent police daily twice at morning 10.30 a.m. and evening at 5.30 p.m until further orders. 3/5
[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/- 23/06/2025 / TRUE COPY / 23/06/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
LS TO 1 JUDICIAL MAGISTRATE THIRUMAYAM PUDUKKOTTAI DISTRICT 4/5
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.
3 THE SUPERINTENDENT, DISTRICT PRISON, PUDUKKOTTAI.
4 THE INSPECTOR OF POLICE, NAMANASAMUDRAM POLICE STATION, PUDUKKOTTAI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.10397 of 2025 Date :23/06/2025 NM/23.06.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5