Abdul Majith v. State Of Tamilnadu Rep By Inspector Of Police, Vk Puram

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

...Petitioner/Sole Accused

Vs State of Tamil Nadu Rep by the Inspector of Police, V.K.Puram Police Station, Tirunelveli District.

(Crime No.293 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Sathyachidambaram 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.293 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner /Accused, who was arrested and remanded to judicial custody on 23.06.2025 for the offences punishable under Sections 281, 125(a) of BNS @ 281, 125 (a) and 110 of BNS @ 281, 125(a), 110 and 106 BNS, in Crime No.293 of 2025 on the file of the respondent police, seeks bail, 1/5

2. The case of the prosecution is that on 22.06.2025, the petitioner had drove his car in a rash and negligent manner and dashed against the father and brother-in-law of the defacto complainant who were standing on the left side of Tana to Ambur road and thereby, the father and brother-in-law of the defacto complainant sustained injuries for which they have admitted in the hospital and as per the intimation received from the hospital this case was registered. Further, he submitted that one of the injured was died and yet another has been taken treatment in the hospital and hence, the offence may be altered.

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 has no intention to cause death and there is no previous case pending against the petitioner. He would further submit that the petitioner is in judicial custody from 23.06.2025. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that there is no previous case pending against the petitioner and the investigation is almost completed. However, he objected to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the fact that there is no previous case pending against the petitioner and the investigation has been almost completed and taking into consideration of the period 2/5

of incarceration suffered by the petitioner, 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 the learned Judicial Magistrate Court, Ambasamudram, Tirunelveli 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 his residential address and mobile number to the learned Judicial Magistrate Court, Ambasamudram, Tirunelveli District.

(c)If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate Court, Ambasamudram, Tirunelveli District.

[d] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

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

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[f] the petitioner 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 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].

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

sd/- 14/07/2025 / TRUE COPY / 15/07/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

msrm TO 1 THE JUDICIAL MAGISTRATE, AMBASAMUDRAM, TIRUNELVELI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

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4 THE INSPECTOR OF POLICE, V.K.PURAM POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.11626 of 2025 Date :14/07/2025 NBF/SAR- /15/07/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5