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Madras High CourtCRL OP(MD)/11011/2025allowed

Muniyandi v. The State Of Tamil Nadu

2025-06-30Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI

1. Muniyandi, M/53 years, S/o.Bakkiyaraj

2. Muneeswaran, M/30 years, S/o.Muniyandi ..Petitioner/Accused Nos.1 & 2.

Vs State of Tamil Nadu Rep by the Inspector of Police, Ammapatti Police Station, Virudhunagar District.

(Crime No.69 of 2025) .. Respondent/Complainant For Petitioners : M/s.X.Sumalatha 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.69 of 2025 on the file of the Respondent Police. 1/6

ORDER : This Court made the following order :- The petitioners / Accused No. 1 & 2, who were arrested and remanded to judicial custody on 30.05.2025 for the offences punishable under Sections 191(2), 296 (b), 324(4), 303(2) 127(2), 118(1) and 351(3) of BNS 2023 @ 191(2), 296(b), 324(4), 126 (2), 351(3) and 109 of BNS, 2023 in Crime No.69 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that during festival, there was a wordy quarrel between the petitioners and the defacto complainant, as a result of which, the petitioners along with other accused persons have abused the defacto complainant in filthy language and attacked him and also threatened to kill him. 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 prosecution. He would further submit that the petitioners are ready and willing to abide any conditions that may be imposed by this Court. He would further submit 2/6

that the petitioners are in custody from 30.05.2025. Hence, he seek bail.

4. The learned Government Advocate (Criminal Side) would submit that the injured person has been discharged from the hospital and there is no previous case pending against the petitioner. 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 injured person has been discharged from the hospital and the investigation is almost completed and co-accused had already been released on bail by this Court in Crl.O.P.(MD).No.10394 of 2025 dated 25.06.2025. Further, 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 Court No.II, Sattur 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 Court No.II, Sattur If the petitioners changes their residential address, they shall report the same to the learned Judicial Magistrate Court No.II, Sattur; [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.

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[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 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 / TRUE COPY / /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, SATTUR.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT @ SRIVILLIPUTHUR.

3. THE OFFICER INCHARGE, DISTRICT PRISON, VIRUDHUNAGAR.

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4. THE INSPECTOR OF POLICE, AMMAPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.

5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.X.SUMALATHA, Advocate ( SR-6895[I] dated 30/06/2025 )

ORDER

IN CRL OP(MD) No.11011 of 2025 Date :30/06/2025 HPS/01.07.2025 /6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6