Mujjamil v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/07/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Mujjamil ... Petitioner/Accused Vs The State of Tamilnadu, Rep. by the Inspector of Police, Cumbum South Police Station, Theni District.

Crime No .122/2025.

... Respondent/Complainant For Petitioner : Mr.G.Vishnuram, For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.122 of 2025, on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner/A5, who was arrested and remanded to judicial custody on 06.06.2025 for the offences punishable under Sections 191(2), 191(3), 296(b), 118(1), 109(1) and 351(3) of BNS, 2023 in Crime No.122 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 02.06.2025, the petitioner and another accused drove the two wheeler in a rash and negligent manner. When the defacto complainant and another questioned the same, the petitioner and the other accused attacked the defacto complainant and caused injury, for which an FIR in Crime NO.120 of 2025 has been registered. For compromising the matter, the petitioner called the defacto complainant and they met in a place, where the petitioner has threatened him to withdraw the complaint and also assaulted him using knife and caused injuries on the defacto complainant's stomach, left hand and neck. Hence, the present case.

3. The learned counsel for the petitioner submitted that the petitioner is no way connected to the alleged offence and he is an innocent person and has not committed any offence as alleged by the prosecution. However, the petitioner is 2/6

ready and willing to abide by any conditions that may be imposed by this Court. He further submitted that the petitioner has been in custody from 06.06.2025. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) fairly concedes that though the injured is taking treatment as in-patient, he is out of danger. However, he opposed to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and taking note of the fact that the petitioner was remanded to judicial custody on 06.06.2025 and though the injured is taking treatment in the Military Hospital, Bangalore, he is out of danger and there is no injury on the vital part of the body and also considering the period of incarceration already undergone 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 3/6

Magistrate, Uthamapalayam 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, Uthamapalayam. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate, Uthamapalayam;

[c] the petitioner shall report before the respondent police daily at 10.30 a.m. and 02.00 p.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]; and; [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

8. Accordingly, this Criminal Original Petition is allowed. sd/- 11/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LR TO 1 THE JUDICIAL MAGISTRATE UTHAMAPALAYAM.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3 THE OFFICER INCHARGE, SUB JAIL, AUNDIPATTI, THENI DISTRICT.

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4 THE INSPECTOR OF POLICE, CUMBUM SOUTH POLICE STATION, THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.11608 of 2025 Date :11/07/2025 NM/11.07.2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6