Boomi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Boomi, S/o.Periyakaruppan, ..Petitioner/A3 Vs The State of Tamil Nadu, Rep.by The Inspector of Police, Thiruvegampet Police Station, (Crime No.100 of 2025) .. Respondent/Complainant For Petitioner : Mr.S.Malaikani 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.100 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused No.3, who was arrested and remanded to judicial 1/6

custody on 25.05.2025 for the offences punishable under Sections 126(2), 296(b) and 103(1) of BNS altered into Sections 126(2), 296(b), 103(1), 49, 61(2) of BNS, 2023 in Crime No.100 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to previous enmity, on 23.05.2025 at about 07.40 p.m. the petitioner and other accused persons have entered into criminal conspiracy and wrongfully restrained the deceased and abused him with filthy language and also committed murder of the deceased. Hence, the case.

3. The learned counsel for the petitioner would submit that the first accused himself had surrendered before the respondent police, based on his confession statement only, this petitioner was arrayed as one of the accused. This petitioner also voluntarily surrendered before the respondent police on 24.05.2025 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 in custody from 25.05.2025 nearly 53 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that the first accused having love affair with the relative of the deceased. The deceased 2/6

questioned the same and warned the first accused not to continue the relationship with his relative. The first petitioner keeping that in the mind of the said act of the deceased, on 23.05.2025, the first accused and other accused persons were intercepted the two wheeler of the deceased Arun, and abused him in filthy language and attacked him brutally with sickle. The deceased sustained severe injury all over his body, which leads profuse blood loss. He immediately taken to the hospital, later he died. He would further submit that the investigation is pending and the petitioner's earlier bail petition in Crl.OP(MD)No.10648 of 2028 was dismissed by this Court. . Hence, 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 the date of occurrence on 23.05.2025, by this time most of the investigation might have been completed and also considering the fact that the petitioner/Accused is in judicial custody from 25.05.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:

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 3/6

sureties, each for a like sum to the satisfaction of learned Judicial Magistrate, Devakottai 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, Devakottai. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate, Devakottai; [c] the petitioner shall appear and sign before the respondent police daily at 10.00 a.m., until further orders.

[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 4/6

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/- 18/07/2025 / TRUE COPY / 21/07/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

das TO

1. The Judicial Magistrate, Devakottai.

2.The Chief Judicial ,Magistrate 3.The Officer Incharge, District Jail, Ramanathapuram District.

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4.The Inspector of Police, Thiruvegampet Police Station, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.MALAIKANI, Advocate ( SR-7824[I] dated 21/07/2025 )

ORDER

IN CRL OP(MD) No.11518 of 2025 Date :18/07/2025 PR/21.07 .2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6