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Madras High CourtCRL OP(MD)/12881/2025allowed

Marimuthu v. The State Of Tamilnadu

2025-07-31Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31.07.2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI

1. Marimuthu

2. Natarajan ..Petitioners/ Accused No.1 & 2 Vs The State of Tamilnadu Rep.by The Inspector of Police, Vadipatti Police Station, Madurai District.

(Crime No.183 of 2006) .. Respondent/Complainant For Petitioners : Mr.C.Prabaharan For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in S.C.No.347 of 2008, on the file of the V Additional District and Sessions Judge, Madurai.

ORDER : This Court made the following order :- The petitioners / Accused No.1 & 2, who were arrested and remanded to 1/5

judicial custody on 20.06.2025 for the offences punishable under Sections 395, 397 & 402 IPC, in S.C.No.347 of 2008, on the file of the V Additional District and Sessions Judge, Madurai, seek bail.

2. The learned counsel for the petitioners submitted that after the registration of the case in Crime No.183 of 2006, they were enlarged on bail. Further, the respondent police have completed the investigation and filed a charge sheet in S.C.No.347 of 2008 before the learned V Additional District and Sessions Judge, Madurai. He further submitted that due to non-appearance of the petitioners, the trial Court has issued NBW against the petitioners on 03.08.2024 and the same was executed on 20.06.2025. He further submitted that the petitioners undertake that they will not abscond and they will regularly appear before the Trial Court on hearing dates without fail. He further submitted that the petitioners are in judicial custody from 20.06.2025. Hence, he seek bail.

3. The learned Government Advocate (Criminal Side) submitted that the petitioners failed to appear before the trial Court, due to which the trial Court had issued Non Bailable Warrant to the petitioners. He further submitted that the investigation has been completed and the charge sheet has also been filed. However, he objected to grant bail to the petitioners.

4. Taking into consideration of the facts and circumstances of the case and also 2/5

taking note of the fact that the occurrence was happened in the year 2006 and NBW was issued against the petitioners on 03.08.2024 and the same was executed on 20.06.2025 and also considering the nature of offence committed by the petitioners, considering the undertaking given by the learned Counsel for the petitioners, this court is inclined to grant bail to the petitioners, subject to the following conditions:

5. Accordingly, the petitioners are ordered to be released on bail on executing a separate 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 Judicial Magistrate No.II, Madurai, 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 Judicial Magistrate No.II, Madurai. If the petitioners changes their residential address, they shall report the same to the Judicial Magistrate No.II, Madurai.

[c] the petitioners shall appear and sign before the respondent police daily at 10.00 a.m., and 05.00 p.m.,until further orders except on the Court hearings. Further, the petitioners are directed to appear 3/5

before the learned V Additional District and Sessions Judge, Madurai, on all hearing dates.

[d] the petitioners shall not abscond either during investigation or trial.

[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 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/- 31/07/2025 / TRUE COPY / 31/07/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

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msrm TO 1 THE JUDICIAL MAGISTRATE NO.II, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 4 THE INSPECTOR OF POLICE, VADIPATTI POLICE STATION, MADURAI DISTRICT.

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

Copy to THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, MADURAI. +1 CC to M/s.C.PRABAHARAN, Advocate ( SR-8255[I] dated 31/07/2025 )

ORDER

IN CRL OP(MD) No.12881 of 2025 Date :31/07/2025 NBF/SAR- /31/07/2025/ 5P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5