James v. The State Of Tamil Nadu, The State Of Tamil Nadu, Represented By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/07/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI James, S/o.Raj .. Petitioner/Sole Accused Vs The State of Tamilnadu rep.by The Inspector of Police, SIPCOT Police Station, Thoothukudi District.

(Crime No.339 of 2025) .. Respondent/Complainant For Petitioner : Mr.PNSSM.Ammaar, Advocate.

For Respondent : Mr.Thanga Aravindh.B, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.339 of 2025 on the file of the Respondent Police. 1/6

ORDER : This Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 05.04.2025 for the offences punishable under Sections 103(1), 296(b) and 351(3) of BNS, 2023 in Crime No.339 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the de-facto complainant is the wife of the deceased. The deceased, who is the father of the petitioner, misbehaved with the petitioner's wife, due to which a verbal altercation arose between them. On 04.04.2025, at about 8.00 p.m., while the deceased was returning to his home by riding a two-wheeler, the petitioner intercepted him, abused him using filthy language and stabbed him with a knife. Hence, the present case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and is in no way connected with the alleged offences as stated by the prosecution. The petitioner is ready and willing to abide by any conditions that may be imposed by this Court. He further submitted that the petitioner has been in custody from 05.04.2025. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) submitted that the 2/6

petitioner murdered his own father. He submitted that the investigation in this case has been completed, and a charge sheet has also been filed in P.R.C.No.153 of 2025 on the file of the learned Judicial Magistrate No.III, Thoothukudi. He further submitted that there is one previous case registered against the petitioner. Hence, he opposed to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case, and taking note of the fact that the petitioner was remanded to judicial custody on 05.04.2025, and that the investigation in this case has already been completed and a charge sheet has also been filed, and also considering the period of incarceration already undergone by 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 the learned Judicial Magistrate No.III, Thoothukudi District and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the 3/6

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 No.III, Thoothukudi District. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.III, Thoothukudi District;

[c] the petitioner shall appear and sign before the respondent police daily 10.30 a.m., except on hearing dates, until further orders; Further, the petitioner shall appear before the concerned Trial Court on hearing dates. [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]; and; [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

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

mkn TO 1.The Judicial Magistrate No.III, Thoothukudi District.

2.Do Through The Chief Judicial Magistrate, Thoothukudi District.

3.The Superintendent, Central Jail, Palayamkottai, Tirunelveli District.

4.The Inspector of Police, SIPCOT Police Station, Thoothukudi District.

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

ORDER

IN CRL OP(MD) No.12325 of 2025 Date :22/07/2025 SBN/22.07.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6