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Madras High CourtCRL OP(MD)/11620/2025allowed

Seenivasan v. The State Of Tamilnadu

2025-07-09Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Seenivasan, S/o.Mahendran,

...Petitioner/ Accused No.3

Vs The State of Tamilnadu rep.by The Inspector of Police, Ganesh Nagar Police Station, Pudukottai District.

(Crime No.157 of 2025) ... Respondent/Complainant For Petitioner : Mr.B.Jameelarasu 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.157 of 2025 on the file of the Respondent Police. 1/5

ORDER : This Court made the following order :- The petitioner / Accused No.3, 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), 351(3) of BNS Act in Crime No.157 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto-complainant have love affair with the girl, who is the close relative of Accused No.9. The said Accused No.9 threatened the defacto-complainant not to talk with her. The defacto-complainant has not listen the words of A9. On 05.06.2025, the accused persons were went to the house of the defacto-complainant, and they used filthy language against the father of the defacto-complainant, suddenly A1 and A2 have assaulted the father of the defacto-complainant with a sword and other accused also joined together and assaulted with knife. He sustained severe injury. Hence, the case.

3. The learned counsel for the petitioner would submit that there are totally nine accused persons were involved in this case, this petitioner was arrayed as third accused. The petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. Already, the Accused No.8 was enlarged on bail by the learned Principal Sessions Judge, Pudukottai. The petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further 2/5

submit that the petitioner is in custody from 06.06.2025 nearly 34 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit the defacto-complainant have love affair with a girl, who is the close relative of Accused No.9. The accused No.9 warned the defacto-complainant not to talk with her. But the defacto-complainant has not listen the words of Accused No.9. Due to which, this petitioner and other accused persons were joined together and went to the house of the defacto-complainant and abused the father of the defacto-complainant with filthy language and assaulted him with knife and sword and he sustained severe injuries. The injured person was admitted in hospital and he discharged from hospital on 20.06.2025. In this case, the Accused No.8 was enlarged on bail by the learned Principal Sessions Judge, Pudukottai by way of order dated 08.07.2025 in Crl.M.P.No.1917 of 2025. However, 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 in this case, injured person discharged from hospital, the accused No.8 was already been enlarged on bail by the Principal Sessions Judge, Pudukottai, the petitioner/accused No.3 is in judicial custody from 06.06.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions: 3/5

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 learned Judicial Magistrate No.1, Pudukottai 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 No.1, Pudukottai. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.1, Pudukottai;

[c] the petitioner shall appear and sign before the respondent police daily at 10.30 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 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 4/5

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/- 09/07/2025 / TRUE COPY / 09/07/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

gvn TO 1 THE JUDICIAL MAGISTRATE NO.I, PUDUKOTTAI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 4 THE INSPECTOR OF POLICE, GANESH NAGAR POLICE STATION, PUDUKKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.11620 of 2025 Date :09/07/2025 NBF/09.07.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5