Jeyakumar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/07/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Jeyakumar, M/42 S/o.Rajendran ..Petitioner/ Accused No.2 Vs State of Tamil Nadu Rep by the Inspector of Police, Radhapuram Police Station, Tirunelveli District.

(Crime No.291 of 2025) ... Respondent/Complainant For Petitioner : Mr.T.Leninkumar 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.291 of 2025 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioner / Accused No.2, who was arrested and remanded to judicial custody on 15.06.2025 for the offences punishable under Sections 296(b), 109(1), 115 (2), 351(3) of the Bharatiya Nyaya Sanhita (BNS), 2023, in Crime No.291 of 2025 on the file of the respondent police, seeks bail,

2. The case of the prosecution is that, the defacto complainant is working as a Pump Operator in an Indian Oil Petrol Bunk, Radhapuram when he was on duty on 04.06.2025 one Jeyasurya came to fill up Petrol to his two-wheeler, at that time, there was a wordy quarrel between them. Thereafter, on 10.06.2025, when the defacto complainant working in the Petrol bunk, one Sridev Vasanth who is the relative of Jeyasuriya and the petitioner came to the Petrol bunk and pulled up the defacto complainant and attacked him with their hands and Aruval and also threatened him with dire consequences. 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 there are 22 previous cases against the 2/6

petitioner out of which some of the cases ended in acquittal, therefore, 13 previous cases are pending against the petitioner. He would further submit that the petitioner is in custody from 15.06.2025. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that no one was sustained injuries and 22 previous cases pending against the petitioner and some of the cases ended in acquittal. He would further submit that the property has been recovered and 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, 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, Radhapuram, 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 petitioner shall furnish his residential address and mobile number to the Judicial Magistrate, Radhapuram. (c)If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate, Radhapuram. [d] the petitioner shall report before the respondent police daily at 10.30 a.m., and 05.30 p.m., until further orders. [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.

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[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 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, Radhapuram.

2. Do Through The Chief Judicial Magistrate, Tirunelveli.

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3. The Superintendent, Central Prison, Palayamkottai.

4. The Inspector of Police, Radhapuram Police Station, Tirunelveli District.

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

+1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-7050[I] dated 02/07/2025 )

ORDER

IN CRL OP(MD) No.11136 of 2025 Date :02/07/2025 HPS/02.07.2025 /6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6