Sasikumar v. The State Of Tamil Nadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P. VADAMALAI

1. Sasikumar, S/o.Appakannu,

2. Kalaiyarasan, S/o.Sadhasivam ..Petitioners/ Accused Vs The State of Tamilnadu rep.by The Inspector of Police, Pappanadu Police Station, Thanjavur.

(Cr.No.100 of 2025) ... Respondent/Complainant For Petitioners : Mr.K.Pragadeesh Kumar Advocate.

For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS 1/6

PRAYER :- For Bail in Crime No.100 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioners / Accused No, who were arrested and remanded to judicial custody on 05.04.2025 for the offences punishable under Sections 109(2), 118(1), 126 (2), 191(2), 191(3), 296(b), 351(3) @ 103(2), 118(1), 126(2), 191(2), 191(3), 296(b) and 351(3) of BNS, 2023 in Cr.No.100 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that there was a land dispute is pending between the accused persons and the defacto-complainant's husband. On 02.04.2025, the defacto-complainant's husband went to Pappanadu on his two wheeler, at that time, this petitioner and other accused persons were attacked the defacto-complainant's husband with billhook, due to which he died on the spot. Hence, the case.

3. The learned counsel for the petitioners would submit that 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 conditions that may 2/6

be imposed by this Court. He would further submit that the petitioners are in custody from 05.04.2025 nearly 81 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that due to previous enmity, this petitioners and other accused persons were attacked the defacto-complainant's husband and he died on spot. In this case, investigation has not completed. There is no previous case against these petitioners. However, he strongly objected to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that in this case, FIR was registered on 03.04.2025, by this time, material part of investigation might have been completed, there is no previous case against these petitioners, the petitioners/accused remanded into judicial custody on 05.04.2025, taking into consideration of the period of incarceration, 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 separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties, each for a like sum to the satisfaction of District Munsif cum 3/6

Judicial Magistrate, Orathanadu 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 District Munsif cum Judicial Magistrate, Orathanadu. If the petitioners changes their residential address, they shall report the same to the District Munsif cum Judicial Magistrate, Orathanadu;

[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.

4/6

[f] 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 04/07/2025 / TRUE COPY / 04/07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

gvn TO

1. The District Munsif cum Judicial Magistrate, Orathanadu

2. Do Through The Chief Judicial Magistrate, Thanjavur District @ Kumbakonam.

3. The Officer In-charge District Jail, Pudukottai

4. The Inspector of Police, Pappanadu Police Station, 5/6

Thanjavur District.

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

ORDER

IN CRL OP(MD) No.10889 of 2025 Date :04/07/2025 HPS/04.07.2025 /6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6