Jayakodi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Jayakodi, D/o.Thangasamy, ..Petitioner/ Accused No.5 Vs The State of Tamilnadu rep.by The Inspector of Police, Austinpatti Police Station, Madurai.

(Crime No.70 of 2025) .. Respondent/Complainant For Petitioner : Mr.K.Samidurai.

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.70 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused No.5, who was arrested and remanded to judicial custody on 30.03.2025 for the offences punishable under Sections 103, 191(2), 191(3), 1/7

190, 127(2), 61(2), 49 of BNS, 2023 in Crime No.70 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that One Meenakshi, the wife of the deceased Glamour Kali, lodged a complaint before the respondent police stating that she is the second wife of the deceased and resides at MMC Colony, Avaniyapuram, Madurai. She has two daughters, namely Thuvaraka and Priya. The deceased had two wives; the first wife resides with her mother-in-law at Mela Anuppanadi, Madurai. The deceased, Glamour Kali, was involved in several criminal cases, including murder, and was an associate of one V.K. Gurusamy. There was a longstanding enmity between the group of V.K. Gurusamy and that of Rajapandi, which had led to several retaliatory murders in the area. While so, on 22.03.2025 at about 06.00 p.m., the deceased visited the defacto complainant and left her residence at around 08.30 p.m. On the same day, at about 09.45 p.m.

, the defacto complainant received information that her husband had been murdered near the Muniswaran Temple. She immediately rushed to the spot and found that her husband had sustained severe injuries and died at the scene. Based on her complaint, the respondent police registered an FIR against unknown persons.

Balakrishnan, on 28.03.2025. He gave a confession before the police detailing the roles of other accused persons. Consequently, the sections of law were altered to Sections 103, 191(2), 191(3), 190, 127(2), 61(2), and 49 of the Bharatiya Nyaya Sanhita, 2023, dated 23.03.2025. Hence, the case.

3. The learned counsel for the petitioner would submit that there are totally sixteen accused, this petitioner was arrayed as Accused No.5. This petitioner is an innocent person and she has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 30.03.2025, nearly 122 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that there are totally sixteen accused persons in this case and the petitioner has been arrayed as A5. He would further submit that A9 to A14 and A16 conspired together and instigated the other accused. Pursuant to this, A1 to A4 brutally assaulted the deceased with lethal weapons, resulting in his death. They also completely disfigured his face. He would also submit that there are two previous cases against the petitioner. In this case, on 29.07.2025, A4 was surrendered before the Judicial 3/7

Magistrate, Thirumangalam and he filed Section 88 Cr.P.C. petition before the trial court and subsequently he released on PT warrant. In this case, investigation was completed and charge sheet has also been filed and the same was taken on file in PRC.No.78 of 2025 on the file of learned Judicial Magistrate, Thirumangalam. The Accused No.13 was enlarged on bail by this Court in Crl.OP(MD).No.11638 of 2025 dated 17.07.2025. However, he 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, A13 enlarged on bail by this Court in Crl.OP (MD).No.11638 of 2025 dated 17.07.2025, A4 was surrendered before the Judicial Magistrate, Thirumangalam and subsequently he released on PT warrant, in this case, investigation was completed and charge sheet has also been filed and the same was taken on file in PRC.No.78 of 2025 on the file of learned Judicial Magistrate, Thirumangalam, this petitioenr is aged about 74 years old, the petitioner/Accused No.5 is in judicial custody from 30.03.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:

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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 learned Judicial Magistrate, Thirumangalam 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 petitioner shall furnish her residential address and contact number to the learned Judicial Magistrate, Thirumangalam. If the petitioner changes her residential address, she shall report the same to the learned Judicial Magistrate, Thirumangalam;

[c] the petitioner shall appear and sign before the respondent police daily at 10.00a.m. except on hearing dates; until further orders, she shall also appear before the concerned Trial Court on hearing dates.

[d] the petitioner shall not abscond either during investigation or trial. 5/7

[e] the petitioner 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 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/- 30/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO

1. The Judicial Magistrate, Thirumangalam, Madurai.

2. The Chief Judicial Magistrate, Madurai.

3. The Superintendent, Women's Central Prison, Madurai.

4. The Inspector of Police, Austinpatti Police Station, Madurai.

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

ORDER

IN CRL OP(MD) No.11639 of 2025 Date :30/07/2025 PR/31.07 .2025 7P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7