Balan v. State Rep By The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/07/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI 1.Balan, S/o.Thangaraj 2.Kabilan, S/o.Balan .. Petitioners/A1 & A3 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 :

Mr.U.Mageshwari, Advocate.

For Respondent :

Mr.Thanga Aravindh.B, Government Advocate (Crl.Side) 1/7

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 petitioners/A1 & A3, who were 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, 2023 in Crime No.102 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the victim lady was in a love affair with the 1st accused. After the death of her husband, she came to Udayasuriyapuram and started a travel agency and a Xerox shop. The 1st accused quarrelled with the victim and stated that he had to incur expenses of more than Rs.5 lakhs for the children born through his 1st wife. On 05.05.2025, after closing her shop and returning home, the petitioners along with the other accused persons murdered her by inflicting cut injuries on her head and jaw. Hence, the present case.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and have not committed any offence as alleged by the prosecution. He submitted that a false case has been foisted against the petitioners, and there are 2/7

no previous cases registered against the petitioners. However, the petitioners are ready and willing to abide by any conditions that may be imposed by this Court. He further submitted that the petitioners have been in custody from 07.05.2025. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) submitted that there are totally four accused persons in this case and the petitioners have been arrayed as A1 and A3. A2 and A4 were arrested and subsequently released on bail by this Court on 16.07.2025 in Crl.O.P.(MD)No.11995 of 2025. He further submitted that there are no previous cases registered against the petitioners. However, he opposed to grant bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case, and taking note of the fact that the petitioners were remanded to judicial custody on 07.05.2025, and that as the date of registration of F.I.R. is 06.05.2025, by this time most of the investigation might have been completed, and that the co-accused were arrested and subsequently released on bail by this Court, and that there are no previous cases registered against the petitioners, and also considering the period of incarceration already undergone by the petitioners, this court is inclined to grant bail to the petitioners, subject to the following conditions: 3/7

6. Accordingly, the petitioners are ordered to be released on bail on executing a 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 the 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 change their residential address, they 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, Dindigul District daily twice i.e. at 10.00 a.m. and 05.00 p.m. until further orders; [d] the petitioners shall not abscond either during investigation or trial; 4/7

[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 petitioners released on bail by the learned Magistrate/Trial Court themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; and; [g] If the accused/petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

sd/- 22/07/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

5/7

mkn TO 1 THE JUDICIAL MAGISTRATE PATTUKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

4 THE INSPECTOR OF POLICE, VATTATHIKOTTAI POLICE STATION, PATTUKOTTAI, THANJAVUR DISTRICT.

Copy to:

THE INSPECTOR OF POLICE, DINDIGUL TALUK POLICE STATION, DINDIGUL DISTRICT.

+2 CC to M/s.U.MAGESHWARI, Advocate ( SR-7897[I] dated 22/07/2025 ) 6/7

Copy to:

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

ORDER

IN CRL OP(MD) No.12308 of 2025 Date :22/07/2025 AS/23.07.2025/7P/9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 7/7