Mayilvaganan v. The State Of Tamilnadu, Rep. By The Inspector Of Police

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

1. Mayilvaganan

2. Govindhan

...Petitioners/Accused No.1 & 2

Vs State of Tamil Nadu Rep by the Inspector of Police, Dhalavaipuram Police Station, Virudhunagar District.

(Crime No.149 of 2025) ... Respondent/Complainant For Petitioners : Mr.G.Kalidoss Advocate.

For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) 1/6

PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.149 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners / accused, who were arrested and remanded to judicial custody on 04.06.2025 for the offences under Section 194 of Bharatiya Nyaya Sanhita, 2023 @ Sections 105 and 328 of Bharatiya Nyaya Sanhita, 2023, in Crime No.149 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant is the wife of the deceased. On 02.06.2025, at about 07:00 P.M., the defacto complainant's husband left their house for Puttur after receiving Rs. 100/- for his expenses. On the following day, i.e., 03.06.2025, at about 11:00 A.M., the deceased was found lying with injuries in a pond situated to the west of Vedhanayagapuram. During the course of enquiry, it was revealed that the petitioners had illegally installed an electric fence around their land. It is alleged that the deceased came into contact with the electric fence, sustained an electric shock, and died on the spot. Further, it is alleged that in order to dispose of the body and conceal the incident, the petitioners removed the deceased's body and threw it into the pond. Hence, the case.

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 2/6

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 04.06.2025. Hence, he seek bail.

4. The learned Government Advocate (Criminal Side) would submit that the accused persons removed the body of the deceased and disposed of it by throwing it into the pond. He would further submit that there are no previous cases pending against the petitioners. He would further submit that 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 there is no previous case pending against the petitioners 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, Rajapalayam, Virudhunagar District, and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb 3/6

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 petitioners shall furnish their residential address and mobile number to the Judicial Magistrate, Rajapalayam, Virudhunagar District.

(c)If the petitioner changes their residential address, they shall report the same to the Judicial Magistrate, Rajapalayam, Virudhunagar District.

[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 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 4/6

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, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE OFFICER INCHARGE, DISTRICT PRISON, VIRUDHUNAGAR. 4 THE INSPECTOR OF POLICE, DHALAVAIPURAM POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1 CC to M/s.G.KALIDOSS, Advocate ( SR-7477[I] dated 14/07/2025 ) 5/6

ORDER

IN CRL OP(MD) No.11854 of 2025 Date :14/07/2025 NBF/SAR- /14/07/2025/ 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6