Muthuraj v. State Of Tamilnadu Rep By Inspector Of Police, Dhalavaipuram
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/07/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Muthuraj (M/28/25) S/o.Palraj ..Petitioner/ Accused No.1 Vs State of Tamil Nadu Rep by the Inspector of Police, Dhalavaipuram Police Station, Virudhunagar District.
(Crime No.151 of 2025) ... Respondent/Complainant For Petitioner : Mr.D.Rajaboopathy Advocate.
For Respondent : Mr.K.Karunanithi Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.151 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused No.1, who was arrested and remanded to judicial custody on 05.06.2025 for the offences punishable under Sections 126(2), 296(b), 109, 1/5
351(3) of BNS in Crime No.151 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 Police constable. On 04.06.2025 at about 09.00pm. When the defacto-complainant went to Murambu on his private affairs, at that time, the petitioner and other accused were standing and when the defacto-complainant asked them, they stated that the petitioner was talking with the wife of Uthayaprakash. Further, there was a wordy quarrel between them, as a result of which, this petitioner and other accused persons came to the house of the defacto-complainant and abused him using filthy language and assaulted with Aruval and thereby he sustained severe injuries. Hence, the case.
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 co-accused had already been granted bail by this Court in Crl.O.P.(MD).No.10584 of 2025 dated 25.06.2025. He would further submit that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 05.06.2025. Hence, he seeks bail. 2/5
4. The learned Government Advocate (Criminal Side) would submit that due to previous enmity, this petitioner and other accused persons came to the house of the defacto-complainant and abused him using filthy language and assaulted with Aruval and thereby he sustained severe injuries. The defacto-complainant was admitted in hospital and later, he discharged from the hospital. The weapon involved in this case was recovered by the respondent police. Hence, he strongly objected to grant bail to the petitioner.
5. Taking into consideration of the facts and circumstances of the case and also the fact that the injured person has been discharged from the hospital and the investigation has been almost completed. Furthermore, co-accused had already been granted bail by this Court and also considering 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 Court, Rajapalayam, Virudhunagar District,, 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. 3/5
[b] The petitioner shall furnish his residential address and mobile number to the Judicial Magistrate Court, Rajapalayam, Virudhunagar District.
(c)If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate Court, Rajapalayam, Virudhunagar District.
[d] the petitioner shall report before the respondent police daily at 10.30 a.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.
[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]. 4/5
[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
sd/- 03/07/2025 / TRUE COPY / 03/07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
msrm To 1 THE JUDICIAL MAGISTRATE, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE OFFICER INCHARGE, DISTRICT JAIL, VIRUDHUNAGAR.
4. The Inspector of Police, Dhalavaipuram Police Station, Virudhunagar District.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.11208 of 2025 Date :03/07/2025 MK/03.07.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5