Vijayabarathi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Vijayabarathi, S/o.Mariappan, ..Petitioner/ A11 Vs The State of Tamilnadu rep.by The Inspector of Police, Eruvadi Police Station, Tirunelveli District.

(Crime No.186 of 2025) .. Respondent/Complainant For Petitioner : Mr.M.Perumal, 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.186 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- 1/5

The petitioner /A11, who was arrested and remanded to judicial custody on 23.06.2025 for the offences punishable under Sections 189(3), 296(b), 127(2), 133, 109 (1), 232, 351(3) of BNS in Crime No.186 of 2025 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the defacto complainant is the witness in murder case in which brother of the complainant was murdered. The petitioner along with other accused called the defacto complainant over phone and asked him to come to the agricultural field. When the complainant went to that place, the petitioner along with other accused persons surrounded complainant and threatened him not to depose evidence against them in that murder case. Subsequently, when the defacto complainant refused the same, the accused persons attacked him and caused injuries. Hence, the complaint.

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. The petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 23.06.2025 nearly 23 days and the petitioner is not having any previous case. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that the 2/5

defacto complainant is the witness in murder case in which the defacto complainant's brother was murdered. The petitioner along with other accused threatened the defacto complainant not to depose evidence against them in the murder case and also attacked him with dire consequences. He would further submit that the injured has already been discharged from the hospital. 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 the injured has already been discharged from the hospital and the petitioner is not having any previous case and also considering the fact that the petitioner/A11 is in judicial custody from 23.06.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:

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, Nanguneri 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.

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[b] The petitioner shall furnish his residential address and contact number to the learned Judicial Magistrate, Nanguneri. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate, Nanguneri; [c] the petitioner shall appear and sign before the respondent police daily twice i.e., 10.00 a.m and 05.00 pm., 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 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/- 15/07/2025 / TRUE COPY / /2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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das TO 1 THE JUDICIAL MAGISTRATE, NANGUNERI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. 4 THE INSPECTOR OF POLICE, ERUVADI POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.11874 of 2025 Date :15/07/2025 NBF/SAR- /17/07/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5