Parthiban v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI CRL OP(MD).No.11995 of 2025

1. Parthiban, S/o.Panner Selvam

2. Gugan, S/o.Murugeshan, ..Petitioners/ Accused Nos.2 & 4 Vs The State of Tamilnadu rep.by The Inspector of Police, Vattathikottai Police Station, Pattukottai, Thanjavur District.

(Crime No.102 of 2025) .. Respondent/Complainant For Petitioners : M/s.U.Mageshwari 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.102 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused Nos.2 & 4, who was arrested and remanded to judicial custody on 07.05.2025 for the offences punishable under Sections 103(1) @ 103(1), 127(2), 3(5) and 61(2) of BNS in Crime No.102 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the victim lady had love affair with the first accused, after the death of her husband, she came to Udayasuriyapuram and started Travels and Xerox shop. The first accused made quarrel with the victim lady and states that he has to met out expenses of more than Rs.5 lakhs for his children born through his first wife. On 05.05.2025, the victim lady closed the said shop and returned to home, these petitioners and other accused persons murdered her with cut injuries on her head, jaw. Hence, the case.

3. The learned counsel for the petitioners would submit that there are totally four accused person, these petitioners are arrayed as A2 and A4. There are no previous cases as against these petitioners. The petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. The petitioners

are ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioners are in custody from 07.05.2025 nearly 70 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that the victim and the first accused were in live in relationship. The deceased lady have love affair with the first accused. The first accused also separated from his wife. Both were in live in relationship. The deceased running Travels and Xerox shop, the first accused frequently asked money from the deceased and also the first accused spent money of the deceased. The first accused frequently quarrelled with the deceased and ask money to meet out his expenses for the children of the his first wife. The deceased refused the same, on 05.05.2025, the first accused and other accused persons were conspired together and murdered the deceased with knife and cut her neck and separated the head of the deceased from her body. In this case, investigation not yet completed. There are no previous case against these petitioners. However, he objected to grant bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that in this case, FIR was registered on 06.05.2025, by this time most of the investigation might have been completed, there are no previous case against these petitioners, the petitioners/accused Nos.2 and 4 remanded into

judicial custody on 07.05.2025, taking into consideration of the period of incarceration, 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 bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate, Pattukottai 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 petitioners shall furnish their residential address and contact number to the learned Judicial Magistrate, Pattukottai. If the petitioners changes their residential address, he shall report the same to the learned Judicial Magistrate, Pattukottai;

[c] the petitioners shall Stay at Dindigul and appear and sign before the Inspector of Police, Dindigul Taluk Police Station daily twice at 10.00 a.m., and 05.00p.m. until further orders.

[d] the petitioners shall not abscond either during investigation or trial. [e] the petitioners 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 petitioners 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/- 16/07/2025 / TRUE COPY / / /2025 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. The Judicial Magistrate, Pattukottai.

2.Do Through The Chief Judicial Magistrate, Thanjavur..

3.The Superintendent, Central Prison, Trichy 4.The Inspector of Police, Dindigul Taluk Police Station, Dindigul.

5. The Inspector of Police, Vattathikottai Police Station, Pattukottai, Thanjavur District.

6. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+2 CC to M/s.U.MAGESHWARI, Advocate ( SR-7648[I] dated 16/07/2025 )

ORDER

IN CRL OP(MD) No.11995 of 2025 Date :16/07/2025 MGJ (16.07.2025) 6P/ 9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023