Raja v. The State Of Tamil Nadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Raja, S/o.Muthupandi,
...Petitioner/ Accused
Vs The State of Tamilnadu rep.by The Inspector of Police, Nalattinpudur Police Station, Thoothukudi District.
(Crime No.66 of 2023) .. Respondent/Complainant For Petitioner : Mr.S.Vishnuvardhan Advocate For Respondent : Mr.M.Karunanithi Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.66 of 2023 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 07.06.2025 for the offences punishable under Sections 341, 324, 307 & 302 of IPC in Crime No.66 of 2023 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 09.04.2023 at about 8.30.p.m. the defacto-complainant and the deceased namely Vellathuraichi were travelled in his auto towards Kattalankulam, at that time, one unknown person had waylaid the defacto-complainant's auto and enquired about the missing goat and suddenly the petitioner and other accused were attacked the defacto-complainant with wooden log, due to which, he become unconscious and after that he found that the said Vallathuraichi was murdered by the unknown persons. Hence, the case.
3. The learned counsel for the petitioner would submit there are totally four accused persons, this petitioner was arrayed as Accused No.2. The petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The alleged occurrence was happened in the year 2023, but the petitioner was arrested only on 07.06.2025 after lapse of two years. Already this court granted bail to the first accused. 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 07.06.2025 nearly 60 days. Hence, he seeks bail. 2/6
4. The learned Government Advocate (Criminal Side) would submit that the deceased Vellathuraichi had hired the defacto-complainant's auto and travelled to Kattankulam. In the meantime, due to previous enmity, this petitioner and other accused persons waylaid the defacto-complainant's auto and attacked the defactocomplainant with wooden log due to which, he become unconscious and after wake up, he found that the said Vallathuraichi was murdered by the accused persons. The innocent passenger namely Vallathuraichi was died due to the attack of the accused persons. The first accused has not present at the scene of occurrence, at his instigation only the other accused persons attacked the defacto-complainant with aruval. This court already enlarged the first accused on bail in Crl.O.P.(MD). No.12929 of 2025 dated 01.08.2025. This petitioner is having one previous case. In this case, investigation is pending. 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, the first accused was already enlarged on bail by way of order dated 01.08.2025 in Crl.O.P.(MD).No.12929 of 2025, by this time most of the investigation might have been completed, the petitioner/accused is in judicial custody from 07.06.2025, taking into consideration of the period of 3/6
incarceration, this court is inclined to grant bail to the petitioners, 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.1, 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 learned Judicial Magistrate No.1, Kovilpatti. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.1, Kovilpatti;
[c] the petitioner shall stay at Dindigul and he shall appear and sign before the Inspector of Police, Dindigul Taluk Police Station daily twice at 10.00 a.m., and 05.00p.m., until further orders.
[d] the petitioner shall not abscond either during investigation or trial. 4/6
[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/- 06/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO
1. The Judicial Magistrate No.1, Kovilpatti.
2.Do through the chief Judicial Magistrate, Thoothukudi.
3.The Superintendent Central Prison, Palayamkottai, Tirunelveli District.
4. The Inspector of Police, Nalattinpudur Police Station, Thoothukudi District.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to The Inspector of Police, Dindigul Taluk Police Station, Dindigul.
ORDER
IN CRL OP(MD) No.13186 of 2025 Date :06/08/2025 PR/06.08.2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6