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Madras High CourtCRL OP(MD)/12580/2025allowed

Ramesh v. The State Of Tamilnadu Rep.By

2025-07-25Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Ramesh, S/o.Bairappan, ..Petitioner/ Accused Vs The State of Tamilnadu rep.by The Inspector of Police, K.Paramathi Police Station, Karur District.

(Crime No.58 of 2025) .. Respondent/Complainant For Petitioner : Mr.P.Pratheesh Advocate.

For Respondent : Mr.M.Karunanithi Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.58 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 01.06.2025 for the offences punishable under Sections 103(1) of BNS in Crime 1/5

No.58 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to previous enmity, this petitioner assaulted the deceased by using iron rod on his head, shoulder, legs and head which leads to the death of the deceased. Hence, the case.

3. The learned counsel for the petitioner would submit that this petitioner did not have any intention or motive to murder the deceased, due to sudden provocation, this petitioner attacked the deceased. This petitioner is an innocent person and he has not committed any offences 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 01.06.2025, more than 55 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that the deceased Sivakumar used to harass the wife of the petitioner in an inebriated condition and due to that motive, on 31.05.2025, the petitioner assaulted the deceased Sivakumar with iron rod on his head, shoulder, legs and hand which leads to the death of the deceased. There is no previous case against the petitioner. 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 in this case, FIR was registered on 01.06.2025, by this time 2/5

investigation might have been completed, there is no previous case against this petitioner, the petitioner/accused is in judicial custody from 01.06.2025, 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, Aravakurichi, Karur District 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 petitioner shall furnish his residential address and contact number to the learned Judicial Magistrate, Aravakurichi, Karur District. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate, Aravakurichi, Karur District.

[c] the petitioner shall appear and sign before the respondent police daily twice at 10.30 a.m. and 05.30p.m. 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 3/5

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/- 25/07/2025 / TRUE COPY / 25/07/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

gvn TO 1 THE JUDICIAL MAGISTRATE, ARAVAKURICHI, KARUR DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 4 THE INSPECTOR OF POLICE, K.PARAMATHI POLICE STATION, KARUR DISTRICT.

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

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ORDER

IN CRL OP(MD) No.12580 of 2025 Date :25/07/2025 NBF/SAR- /25/07/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5