Santhosh v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.07.2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Santhosh, S/o.Kumaravelu, ... Petitioner/A1 Vs The State of Tamilnadu rep.by The Inspector of Police, Ettayapuram Police Station, Thoothukudi District.

(Crime No.67 of 2025) .. Respondent/Complainant For Petitioner : Mr.K.K.Samy, 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.67 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / A1, who was arrested and remanded to judicial custody on 1/6

23.03.2025 for the offences punishable under Sections 329(4), 103(1) of BNS in Crime No.67 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner had love affair with the victim and he compelled the victim to marry her. But, the victim girl refused to marry the petitioner/A1. On 23.03.2025, the petitioner along with other accused have joined together and trespassed into the victim's house and poured kerosene on her and also set fire. Due to which, she 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 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 23.03.2025, nearly 158 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that the petitioner had love affair with the victim and he compelled the victim to marry him. But, the victim girl refused to marry the petitioner/A1. On 23.03.2025, the petitioner along with other accused have joined together and trespassed into the victim's house 2/6

and poured kerosene on her and also set fire. The victim girl had sustained 80% burn injury and admitted in hospital and subsequently, died. The age of the victim girl is only 19 years and she has also clearly stated about the incident in her statement. The respondent police after completing investigation, has filed the charge sheet before the learned Judicial Magistrate No.II, Kovilpatti and the same was taken on file in P.R.C.No.47 of 2025. He further submitted that the second accused was released on bail by this Court in Crl.O.P(MD)No.11773 of 2025, dated 11.07.2025.

5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that the investigation has been completed and charge has also been filed and the same was taken on file in P.R.C.No.47 of 2025 on the file of the Judicial Magistrate No.II, Kovilpatti and the Co-accused/A2 was released on bail by this Court in Crl.OP(MD)No.11773 of 2025 and also the fact that the petitioner/A1 is in judicial custody from 23.03.2025, 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 3/6

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 Judicial Magistrate Court No.II, Kovilpatti 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 Judicial Magistrate Court No.II, Kovilpatti. If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate Court No.II, Kovilpatti;

[c] the petitioner shall appear and sign before the respondent police daily twice at 10.30 a.m. and 05.30 p.m, except on hearing dates. On hearing dates, the petitioner shall appear before the concerned trial Court. [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/- 29/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DAS TO

1. THE JUDICIAL MAGISTRATE COURT NO.II, KOVILPATTI.

2. THE CHIEF JUDICial MAGIStrate, THOOTHUKUDI DISTRICT.

3. THE SUPERINTENDENT OF PRISON, CENTRAL JAIL, PALAYAMKOTTAI.

4. THE INSPECTOR OF POLICE, ETTAYAPURAM POLICE STATION, THOOTHUKUDI DISTRICT.

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

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ORDER

IN CRL OP(MD) No.12719 of 2025 Date :29/07/2025 NM/29.07.2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6