Raj Kumar v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Raj Kumar, S/o.Muniyasamy, : Petitioner/Sole Accused Vs The State of Tamilnadu rep.by The Inspector of Police, B1 Ramanathapuram Town Police Station, Ramanathapuram District.
(Crime No.97 of 2025) .. Respondent/Complainant For Petitioner : Mr.M.S.Jeyakarthik, 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.97 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody 1/5
on 05.06.2025 for the offences punishable under Sections 296(b), 118(1), 109(1), 351(3) of BNS 2023, in Crime No.97 of 2025 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 04.06.2025 at about 09.00 pm, there was a dispute between the accused and his mother. When the defacto complainant questioned about the act of the accused, the accused abused the defacto complainant in filthy language and attacked him by using sickle and caused 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 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 05.06.2025 nearly 40 days. Hence, he seeks bail.
4. The learned Government Advocate (Criminal Side) would submit that the petitioner is a habitual offender and is having 15 previous cases. He would further submit that the investigation has already been completed and charge sheet has also been filed before the Judicial Magistrate No.I, Ramanathapuram. 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 investigation has already been completed and the entire 2/5
properties have been recovered and also considering the fact that the petitioner/Accused is in judicial custody from 05.06.2025, taking into consideration of the period of incarceration, 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 learned Judicial Magistrate No.I, Ramanathapuram 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 his residential address and contact number to the learned Judicial Magistrate No.I, Ramanathapuram. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.I, Ramanathapuram;
[c] the petitioner shall appear and sign before the respondent police daily at 10.00 a.m., except hearing dates until further orders. On hearing dates, the petitioner shall appear before the trial Court. [d] the petitioner shall not abscond either during investigation or trial. 3/5
[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/- 15/07/2025 / TRUE COPY / /2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
das TO 1 THE JUDICIAL MAGISTRATE NO.I, RAMANATHAPURAM. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.
3 THE OFFICER INCHARGE, DISTRICT JAIL, RAMANATHAPURAM. 4 THE SUB-INSPECTOR OF POLICE, B1 RAMANATHAPURAM TOWN POLICE STATION, RAMANATHAPURAM DISTRICT.
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5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.M.S.JEYAKARTHIK, Advocate ( SR-7636[I] dated 16/07/2025 )
ORDER
IN CRL OP(MD) No.11403 of 2025 Date :15/07/2025 NBF/SAR- /17/07/2025/ 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5