Kombaiah v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI
1. Kombaiah, (M/A 53/2025) S/o.Nangaiyappan,
2. Manikandan (M/A/25/2025) S/o.Kombaiah
...Petitioners/Accused Nos.5 & 6
Vs State of Tamil Nadu Rep by the Inspector of Police, Srivaikundam Police Station, Thoothukudi District.
(Crime No.241 of 2025) .. Respondent/Complainant For Petitioners : Mr.M.Raja Ravi Varma For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.241 of 2025 on the file of the Respondent Police. 1/6
ORDER : This Court made the following order :- The petitioners / Accused No.5 & 6, who were arrested and remanded to judicial custody on 07.06.2025 for the offences punishable (*)under Section 108 of BNS, in Crime No.241 of 2025 on the file of the respondent police, seek bail.
2. The case of the prosecution is that A1 filed a suit against the defacto complainant's father in EP.No.75 of 2023 in O.S.No.38 of 1981 before the learned Sub Court, Srivaikundam. Further, the defacto complainant's father requested A1 to withdraw the above said case and he is ready to pay Rs.50,00,000/- Accordingly, the defacto complainant's father paid sum of Rs.45,00,000/- to A1 and requested him to withdraw the case. On 29.04.2025, when the defacto complainant's father approached the A1 and requested to withdraw the case, A1 and his men refused to withdraw case. Therefore, on 30.04.2025 at about 08.00 a.m., the accused persons came to house of the defacto complainant and abused his father with filthy language and threatened him to pay remaining balance. Thereafter, the deceased had consumed pesticide, he died. Hence, the complaint.
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 2/6
prosecution. He would further submit that the petitioners are ready and willing to abide and conditions that may be imposed by this Court. He would further submit that the petitioners are in custody from 07.06.2025. Hence, he seek bail.
4. The learned Government Advocate (Criminal Side) would submit that there are 10 previous cases pending against A5 and 6 previous cases pending against A6. He would further submit that the Investigation is almost completed. However, he objected 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 investigation is almost completed and also 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 separate 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 learned Judicial Magistrate No.1, Thoothukudi District, and on further conditions that :- 3/6
[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 mobile number to the learned Judicial Magistrate No.1, Thoothukudi District,. If the petitioners changes their residential address, they shall report the same to the learned Judicial Magistrate No.1, Thoothukudi 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 4/6
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/- 30/06/2025 (*)Amended as per the order of this court dated 03.07.2025 made in CRL MP(MD)No.8454 of 2025 in CRL OP(MD)No.10879 of 2025 Further, time is extended by ten days from the date of receipt of a copy of this order.
/ TRUE COPY / 30/06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
MSRM To be substituted to the order which is already despatched on 30.06.2025 TO
1. THE JUDICIAL MAGISTRATE NO.1, THOOTHUKUDI DISTRICT.
2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
3. THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI.
5/6
4. THE INSPECTOR OF POLICE, SRIVAIKUNDAM POLICE STATION, THOOTHUKUDI DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.M.RAJA RAVI VARMA, Advocate ( SR-6897[I] dated 30/06/2025 )
ORDER
IN CRL OP(MD) No.10879 of 2025 Date :30/06/2025 HPS/30.06.2025 /6P/7C MK/03.07.2025 /6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6