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Madras High CourtCRL OP(MD)/10594/2025allowed

Ramu @ Ramkumar v. State Of Tamilnadu Rep By Inspector Of Police, Kulithalai

2025-07-02Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/07/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Ramu @ Ramkumar (M/21 years) S/o.Andimuthu @ Andiyappan ..Petitioner/ Accused No.5 Vs State of Tamil Nadu Rep by the Inspector of Police, Kulithalai Police Station, Karur District.

(Crime No.275 of 2025) ... Respondent/Complainant For Petitioner : Mr.K.Arunraj 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.275 of 2025 on the file of the respondent police. 1/5

ORDER : The Court made the following order :- The petitioner / Accused No.5, who was arrested and remanded to judicial custody on 05.05.2025 for the offences punishable under Sections 191(2), 191(3), 296 (b), 126(2), 118(1), 103 and 351(3) of BNS , in Crime No.275 of 2025 on the file of the respondent police, seeks bail,

2. The case of the prosecution is that on 05.05.2025 during temple festive, there was a wordy quarrel between the accused persons and the defacto complainant and others, as a result of which, the petitioner along with other accused persons had abused the defacto complainant in filthy language and the 1st accused had assaulted the defacto complainant's brother Shyam Sundar with knife in his left shoulder and other accused persons hold the defacto complainant. Further, the brother of the defacto complainant got multiple injuries in all over the body and taken to the hospital and also the defacto complainant was admitted in the hospital thereafter, the doctor reported that his brother Shyam Sundar died. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner's father died on 01.07.2025 at midnight. He would further submit that the petitioner is in custody from 05.05.2025. Hence, he seeks bail.

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4. The learned Government Advocate (Criminal Side) would submit that there is one previous case pending against the petitioner and other accused persons were in judicial custody. He would further submit that the petitioner's father died on 01.07.2025 at midnight. He would further submit that the investigation is almost completed. However, he raised formal objection to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the fact that the investigation has been almost completed and also the limited overtact against the petitioner and also consideration of the period of incarceration suffered by the petitioner and also taking note of the fact that the petitioner's father died on 01.07.2025, 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 No.II, Kulithalai, 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. 3/5

[b] The petitioner shall furnish his residential address and mobile number to the Judicial Magistrate No.II, Kulithalai. (c)If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate No,.II, Kulithalai. [d] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders from 07.07.2025. [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 4/5

under Section 269 BNS.

sd/- 02/07/2025 / TRUE COPY / 02/07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

msrm To

1. The Judicial Magistrate No.II, Kulithalai.

2. Do Through The Chief Judicial Magistrate, Karur District.

3. The Superintendent, Central Jail, Trichy.

4. The Inspector of Police, Kulithalai Police Station, Karur District.

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

ORDER

IN CRL OP(MD) No.10594 of 2025 Date :02/07/2025 HPS/02.07.2025 /5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5