N. Nagaraj v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/07/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI

1. N.Nagaraj 2.Rokith ..Petitioners/Accused No.1 & 2 Vs State of Tamil Nadu Rep by the Inspector of Police, Kulithalai Police Station, Karur District.

(Crime No.365 of 2025) ... Respondent/Complainant For Petitioners : Mr.V.Vishnu 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.365 of 2025 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioners / accused, who were arrested and remanded to judicial custody on 19.06.2025 for the offences under Sections 296(b), 324(4) & 109 of BNS (Corresponding old Sections 294(b), 307, 427 of IPC), in Crime No.365 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 19.06.2025 at about 4.00 a.m., the defacto complainant and his friends went to Musiri for purchasing cows and when they were standing near bus stop, the accused came there in two wheeler Hero Honda bearing Registration No. TN 46 M 7872 and they questioned the defacto complainant why he was sitting there and scolded him with filthy language and assaulted the defacto complainant with billhook on his palm and shoulder and caused injuries. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He would further submit that a false case has been foisted against the petitioners. He would further submit that the petitioners are in judicial custody from 19.06.2025. Hence, he seek bail.

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4. The learned Government Advocate (Criminal Side) would submit that there are three previous cases pending against A1 and one previous case pending against A2. He would further submit that the injured person has been discharged from the hospital and the investigation is almost completed. Therefore, he opposed for grant of bail to the petitioners.

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 and taking into consideration of the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners, subject to the following conditions:

6. Accordingly, the petitioners are ordered to be released on bail on executing separate 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 No.2, Kulithalai, 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 3/6

their Aadhar card or Bank pass Book to ensure their identity. [b] The petitioners shall furnish their residential address and mobile number to the Judicial Magistrate Court No.2, Kulithalai. (c)If the petitioners changes their residential address, they shall report the same to the Judicial Magistrate Court No.2, Kulithalai. [d] the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders.

[e] the petitioners shall not abscond either during investigation or trial.

[f] the petitioners 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 4/6

petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/- 14/07/2025 / TRUE COPY / 14/07/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

MSRM TO

1. THE JUDICIAL MAGISTRATE COURT NO.2, KULITHALAI 2.THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

3. THE OFFICER INCHARGE, SUB JAIL, KULITHALAI.

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4. THE INSPECTOR OF POLICE, KULITHALAI POLICE STATION, KARUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.11867 of 2025 Date :14/07/2025 PR/14.07 .2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6