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Madras High CourtCRL OP(MD)/11579/2025allowed

Sudhakar v. The State Of Tamilnadu

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 Sudhakar ... Petitioner/ Accused No.9 Vs The State of Tamil Nadu, by The Sub Inspector of Police, Thanthonimalai Police Station, Karur District.

(Crime No.341 of 2024) ... Respondent/ Complainant For Petitioner : Mr.D.Venkatesh, Advocate.

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

PRAYER :- For Bail in S.C.No.45 of 2025 on the file of the Principal District and Sessions Court, Karur, in connection with Crime No.341 of 2024 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner / Accused No.9, who is facing a case for the offences punishable under Sections 103(1), 115(2), 118(1), 126(2), 140(1), 190, 191(2), 191(3), 238 and 61(2) (a) BNS, 2023, in S.C.No.45 of 2025 on the file of the Principal District and Sessions Court, Karur, in Crime No.341 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the accused persons had hatched the criminal conspiracy to eliminate one Jeeva in retaliation to the murder of one Mohan and on 22.07.2024, the petitioner along with other accused had attacked the said Jeeva indiscriminately and the first accused had severed the head of the deceased.

3. The learned counsel appearing for the petitioner would submit that after completion of investigation, the respondent police has filed a charge sheet and after committal, the case was taken on file in S.C.No.45 of 2025 and is pending on the file of the Principal District and Sessions Court, Karur. He would further submit that the petitioner was arrested on 22.07.2024 and thereafter he was detained under the Goondas Act on 03.09.2024 and the same was revoked by this Court in H.C.P.(MD) No.1545 of 2024.

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4. The learned counsel appearing for the petitioner would further submit that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution and that the petitioner is no way connected with the case, a false case has been lodged as against the petitioner. He would further submit that except the third accused and the petitioner, all other accused were already arrested and released on bail by the lower Court and 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 22.07.2024 nearly 1 year. Hence, he seeks bail.

5. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that initially, FIR came to be registered in Crime No.341 of 2024 as 'Man Missing' and after coming to know about the murder, the case was altered into Sections 191(2), 191(3), 103(2) and 238 BNS, 2023. He would further submit that on the direction of the first accused, the petitioner and other accused had murdered the deceased and it is a case of retaliation of murder. He would further submit that the petitioner had 10 previous cases, out of which, five cases are pending. Hence, he objected to grant bail to the petitioner. 3/6

6. At this juncture, the learned counsel appearing for the petitioner would submit that the petitioner had 9 previous cases, out of which, five cases were already disposed of and the remaining four cases are that too not similar in nature.

7. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that except the petitioner and the third accused, all other accused were already released on bail and that the petitioner remanded into judicial custody on 22.07.2024, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:

8. 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 No.I, Karur 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 Judicial Magistrate No.I, Karur. If the petitioner change his residential address, he shall report the same to the Judicial Magistrate No.I, Karur; 4/6

[c] the petitioner shall appear and sign before the respondent police daily at 10.30 a.m., except on hearing dates, until further orders; and on hearing dates the petitioner shall appear before the trial Court; [d] the petitioner shall not abscond either during investigation or trial; [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 / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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CSM TO 1 THE PRINCIPAL DISTRICT AND SESSIONS COURT, KARUR.

2 THE JUDICIAL MAGISTRATE NO.I, KARUR.

3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

5 THE SUB INSPECTOR OF POLICE, THANTHONIMALAI POLICE STATION, KARUR DISTRICT.

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

+1. CC to D.VENKATESH Advocate SR.No.7367 (I) DT.10/07/2025

ORDER

IN CRL OP(MD) No.11579 of 2025 Date :10/07/2025 NM/10.07.2025/ 6P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6