Esakkipandi v. State Of Tamilnadu Rep By Inspector Of Police, Mukkudal
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI 1.Esakkipandi, S/o.Sudalaikannu 2.Selvakumar, S/o.Vallaraman ..Petitioners/A2 and A4 Vs The State of Tamilnadu rep.by The Inspector of Police, Mukkudal Police Station, Tirunelveli District.
(Crime No.193 of 2025) ..Respondent/Complainant For Petitioners : Mr.S.Sathyachidambaram, Advocate.
For Respondent : Mr.Thanga Aravindh.B, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.193 of 2025 on the file of the Respondent Police. 1/5
ORDER : This Court made the following order :- The petitioners/A2 and A4, who were arrested and remanded to judicial custody on 21.05.2025 for the offences punishable under Sections 318(4), 296(b) and 351(3) of BNS, 2023 in Crime No.193 of 2025 on the file of the respondent police, seek bail.
2. The case of the prosecution is that the de-facto complainant is running a textile shop under the name and style of 'Tirupur Cotton' at Mukkudal Village. While so, on 13.05.2025, at about 8.45 p.m., the petitioners, along with two other accused, went to the de-facto complainant's shop and purchased clothes worth about Rs.1,600/-. The 1st accused paid the said amount through a QR code, but the payment was not credited to the de-facto complainant's bank account. When the de-facto complainant questioned about the same, the petitioners, along with the other accused, abused and threatened him. Hence, the present case.
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and are in no way connected with the offences as alleged by the prosecution. They have been falsely implicated in this case. The petitioners are ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioners are in custody from 21.05.2025. Hence, he seeks bail to the petitioners.
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4. The learned Government Advocate (Criminal Side) would submit that the 1st accused is still absconding. He would further submit that there are four previous cases of a similar nature registered against the 2nd accused, and there are three previous cases of a similar nature registered against the 4th accused. Hence, he opposed 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 the petitioners were remanded to judicial custody on 21.05.2025, and considering the period of incarceration suffered by the petitioners, this court is inclined to grant bail to the petitioners, subject to the following conditions:
6. Accordingly, the petitioners are ordered to be released on bail on executing a 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 the learned Judicial Magistrate, Cheranmahadevi, 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 number to the learned Judicial Magistrate, Cheranmahadevi, Tirunelveli District. If the 3/5
petitioners changes their residential address, they shall report the same to the learned Judicial Magistrate, Cheranmahadevi, 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 petitioners released on bail by the learned Magistrate/Trial Court themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; and; [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of 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.
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MKN TO 1 THE JUDICIAL MAGISTRATE, CHERANMAHADEVI, TIRUNELVELI DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.
3 THE SUPERINTENDENT, CENTRAL PRISON, TIRUNELVELI.
4 THE INSPECTOR OF POLICE, MUKKUDAL POLICE STATION, TIRUNELVELI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.10577 of 2025 Date :25/06/2025 NM/25.06.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5