Rajesh v. The State Of Tamil Nadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Rajesh, S/o.Samikannu, : Petitioner/A1 Vs The State of Tamilnadu rep.by The Inspector of Police, Thirugokarnam Police Station, Pudukkottai District.

(Crime No.174 of 2025) : Respondent/Complainant For Petitioner : Mr.D.Ramesh Kumar, 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.174 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 13.07.2025 for the offences punishable under Sections 296(b), 115(2), 109(1) and 351

(2) of BNS, in Crime No.174 of 2025 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the defacto complainant frequently visited 1/5

the house of one Palanikumar, who is his relative and developed friendship with his daughter. Due to that motive, there arose wordy quarrel between the defacto complainant and the accused persons. Consequent to the same, the petitioner along with other accused persons abused the defacto complainant in filthy language, slapped him on his cheek, pushed him down and kicked his stomach and the private part and also criminally intimidated him. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner is ready and willing to abide any conditions that may be imposed by this Court. He further submitted that the petitioner's earlier bail application in Cr.M.P. No.2040 of 2025 was dismissed by the learned Additional District Judge, Pudukkottai, dated 25.07.2025. The petitioner is in custody from 13.07.2025. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) submitted that there are totally three accused persons involved in in this case. The petitioner herein is arrayed as A1. The defacto complainant developed his friendship with one Palanikumar's daughter. Due to which, on 11.07.2025, the petitioner, along with other accused persons, interrupted the defacto complainant by questioning how he 2/5

dared to speak with our area girl, they have pushed him down and kicked his stomach and the private part and also criminally intimidated him. He further submitted that the injured is taking treatment regularly.

5. Taking into consideration of the facts and circumstances of the case and taking note of the fact that the injured has been discharged from the hospital and the occurrence had taken place on 11.07.2025, by this time, most of the investigation might have been completed and also considering the fact that the petitioner/A1 is in judicial custody from 13.07.2025, 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 No.II, Pudukkottai 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 No.II, Pudukkottai. If the petitioner changes his 3/5

residential address, he shall report the same to the learned Judicial Magistrate No.II, Pudukkottai;

[c] the petitioner shall appear and sign before the respondent police daily at 10.30 a.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 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/- 11/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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das To 1.The Judicial Magistrate No.II, Pudukkottai. 2.Do Through The Chief Judicial Magistrate, Pudukkottai District.

3.The Superintendent of Prison, District Prison, Pudukkottai.

4.The Inspector of Police, Thirugokarnam Police Station, Pudukkottai District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.12982 of 2025 Date :11/08/2025 SBN/12.08.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5