M. Muthuraja v. The State Of Tamil Nadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI M.Muthuraja, S/o.Mani, ..Petitioner/ Accused Vs The State of Tamilnadu rep.by The Inspector of Police, Thiruvayaru Police Station, Thanjavur District.

(Crime No.115 of 2025) .. Respondent/Complainant For Petitioner : Mr.S.Gurumoorthy 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.115 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 1/6

on 24.05.2025 for the offences punishable under Section 103 of BNS in Crime No.115 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the deceased Amutha is the mother of the petitioner, the petitioner was in habit of consuming liquor frequently and his mother condemned him for the same. On 24.05.2025, the petitioner returned to home under drunken mode and he further intended to drink liquor, but his mother warned his son and beaten and condemned him for consuming liquor, suddenly the petitioner assaulted his mother Amutha with wooden log and pulled her down and due to which, this petitioner's mother succumbed to death. Hence, the case.

3. The learned counsel for the petitioner would submit that 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 24.05.2025, nearly 60 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that this petitioner was in the habit of consuming liquor frequently, as a mother, the 2/6

deceased Amutha condemned the petitioner and beg to quit consumption of alcohol. On 24.05.2025, this petitioner returned to home in a drunken mode,as usual this petitioner's mother condemned the same, suddenly this petitioner attacked his mother with wooden log and pulled her down. Due to which, the said Amutha was died. The defacto-complainant is the husband of the deceased. Section.164 Cr.P.C. Statement was recorded from the defacto-complainant's daughter. This petitioner is having one previous case. Hence, 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, Section 164 Cr.P.C. Statement was recorded, FIR was registered on 24.05.2025, by this time most of the investigation might have been completed, the petitioner/Accused is in judicial custody from 24.05.2025, 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, Thanjavur 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, Thanjavur. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate, Thanjavur; [c] the petitioner shall appear and sign before the respondent police daily twice at 10.00a.m. and 05.00p.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 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 4/6

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/- 30/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

gvn TO

1. The Judicial Magistrate, Thanjavur

2. The Chief Judicial Magistrate, Thanjavur district at Kumbakonam.

3. The officer Incharge,Sub Jail, Thiruvayaru.

4. The Inspector of Police, Thiruvayaru Police Station, Thanajavur District.

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

ORDER

IN CRL OP(MD) No.12788 of 2025 Date :30/07/2025 PR/31.07 .2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6