Rajendran v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Rajendran, S/o.Mayandi, :Petitioner/A2 Vs The State of Tamilnadu rep.by The Inspector of Police, Uthamapalayam Police Station, Theni District.
(Crime No.150 of 2025) .. Respondent/Complainant For Petitioner : Mr.S.Poornachandran, 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.150 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner /Sole Accused, who was arrested and remanded to judicial 1/6
custody on 15.06.2025 for the offences punishable under Section 296(b), 118(1), 103
(1) of BNS and Section 4 of TNPHW Act, in Crime No.150 of 2025 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that there was a land dispute between the parties, due to which, on 01.05.2025 at about 10.30 pm, the petitioner along with other accused persons attacked the defacto complainant with wooden log. When the defacto complainant's husband and daughter tried to prevent the attack, the petitioner along with other accused attacked with wooden log and sword and caused injuries. As a result, the defacto complainant's husband succumbed to the injuries and died. 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. He would further submit that he has suffered by chronic kidney disease and weekly twice or thrice he should go for dialysis. He has also produced the medical records to that effect. Hence, he seeks bail.
4. The learned Government Advocate (Criminal Side) would submit that due 2/6
to previous enmity, on 01.05.2025 at about 10.30 pm, the petitioner along with other accused persons attacked the defacto complainant and her husband with wooden log and sword and caused serious injuries. Subsequently, defacto complainant's husband succumbed to the injuries. He would further submit that though the petitioner involved in connection with murder case, considering the health condition and also the age of the petitioner, this petition may be considered.
5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that in this case, the petitioner has also sustained injury and also the fact that the petitioner has suffered by chronic kidney disease and weekly twice or thrice he is taking treatment of dialysis and the learned counsel for the petitioner has also produced the medical records to that effect. Considering the health condition of 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 learned Judicial Magistrate, Uthamapalayam and on further conditions that :- 3/6
[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 appear before the respondent police as and when required for interrogation.
[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 4/6
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/- 17/07/2025 / TRUE COPY / 17/07/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
das TO 1.The Judicial Magistrate, Uthamapalayam.
2.Do through The Chief Judicial Magistrate, Theni.
3. The Superintendent of Prison, Central Prison, Madurai.
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4. The Inspector of Police, Uthamapalayam Police Station, Theni District.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.12014 of 2025 Date :17/07/2025 PR/17.07 .2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6