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Madras High CourtCRL OP(MD)/11269/2025allowed

Matha v. State Of Tamilnadu Rep By Inspector Of Police, Thirumangalam

2025-07-10Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.07.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI Matha ... Petitioner/ Accused No.2 Vs The State by The Inspector of Police, Thirumangalam Town Police Station, Madurai District.

(Crime No.169 of 2025) ... Respondent/ Complainant For Petitioner : Mr.R.Balamuruganantham, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl. Side) PETITION FOR BAIL Under Section 483 B.N.S.S.

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PRAYER :- For Bail in Crime No.169 of 2025 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioner / Accused No.2, who was arrested and remanded to judicial custody on 09.05.2025 for the offences punishable under Sections 296(b), 115(2), 103 and 351(3) BNS, 2023 in Crime No.169 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant's husband Pandi borrowed a loan from the first accused, who is the son of the petitioner and since the said Pandi has not repaid the amount, the petitioner had demanded him to repay the amount and that on 08.05.2025, there arose wordy quarrel between the petitioner and the said Pandi and at that time, the said Pandi pushed down the petitioner, for which, the first accused had stabbed the said Pandi by using knife and as a result of which, he succumbed to the injuries. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and she has not committed any offences as alleged by the prosecution. He would further submit that the petitioner is no way connected with the case, a false case has been lodged as against the petitioner. The petitioner is 2/6

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 09.05.2025 nearly 61 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that there are totally 3 accused, the petitioner arrayed as A2 and that the petitioner along with other accused had murdered the said Pandi. He would further submit that the first accused is in judicial custody and the third accused, who is the grandfather of the first accused, is absconding. He would fairly concede that the petitioner is not having any previous cases. However, he objected to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and considering the limited overt act attributed against the petitioner and also the fact that by this time, most of the investigation might have been completed and taking note of the fact that the petitioner remanded into judicial custody on 09.05.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions: 3/6

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, Thirumangalam, Madurai 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;

[b] the petitioner shall furnish her residential address and contact number to the Judicial Magistrate, Thirumangalam, Madurai District. If the petitioner changes her residential address, she shall report the same to the Judicial Magistrate, Thirumangalam, Madurai District;

[c] the petitioner shall appear and sign before the respondent police daily at 10.30 a.m., until further orders;

[d] the petitioner shall not abscond either during investigation or trial; 4/6

[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]; and [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 10/07/2025 / TRUE COPY / 10 /07/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

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TO

1. THE JUDICIAL MAGISTRATE, THIRUMANGALAM, MADURAI DISTRICT.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE SUPERINTENDENT, CENTRAL PRISON FOR WOMEN, MADURAI.

4. THE INSPECTOR OF POLICE, THIRUMANGALAM TOWN POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.11269 of 2025 Date :10/07/2025 PR/10.07 .2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6