Sathishkumar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI and CRL MP(MD).No.10373 of 2025 Sathishkumar, S/o.Krishnan, ..Petitioner/ Accused No.1 Vs The State of Tamilnadu rep.by The Inspector of Police, Sakkottai Police Station, Sivagangai District.

(Crime No.198 of 2025) .. Respondent/Complainant For Petitioner : Mr.K.R.Laxman Advocate.

For Intervener : Mr.D.Shanmuga Raja Sethupathi For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.198 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- 1/7

The petitioner / Accused No.1, who was arrested and remanded to judicial custody on 22.07.2025 for the offences punishable under Sections 126(2), 296(b), 118 (1), 351(3) of BNS in Crime No.198 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto-complainant is working as a Driver at Qatar and he returned to India recently. On 21.07.2025, the defactocomplainant went to his native to visit his mother's house, at Nattucherry four way road junction, the defacto-complainant was intercepted by the accused persons and abused him with filthy language, attacked with wooden log and threatened him with dire consequences. Hence, the case.

3. The learned counsel for the petitioner would submit that the alleged occurrence arose out of a domestic misunderstanding between the family members of the defacto-complainant and his wife. The defacto-complainant has not sustained any injury and he wantonly admitted in the hospital and he has not sustained any serious injury and he is in stable condition. He was discharged from the hospital on 04.08.2025. The defacto-complainant has illicit relationship with another lady. When the said illicit relationship was questioned by the second accused who is the wife of the defacto-complainant, the defacto-complainant lodged false complaint against the accused persons. This petitioner is an innocent person and he has not committed 2/7

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 22.07.2025, nearly 13 days. Hence, he seeks bail.

4. The learned Counsel appearing for the intervening petitioner would submit that the defacto-complainant was working as Driver at Qatar, the wife of the defacto-complainant had illicit relationship with the first accused, when the same was questioned by the defacto-complainant, the first accused and other accused persons were abused the defacto-complainant with filthy language and assaulted him with wooden log, he sustained injuries and admitted in hospital. He suffered severe head injury, resulting in internal bleeding in the brain. Consequently, he experiencing symptoms such as dizziness and vomiting. As per the recommendation of the Medical officer, Government Hospital, Karaikudi, the defacto-complainant was transferred from Karaikudi Government Hospital to Sivagangai Government Hospital on 04.08.2025 for further treatment. If this petitioner is released on bail, there will be a chance to threaten the witnesses and tamper the evidences. Hence, he objected to grant bail to the petitioner.

5. The learned Government Advocate (Criminal Side) would submit that there are totally four accused persons, this petitioner was arrayed as Accused No.1. A1 3/7

having extra-marital affair with the A2, who is the wife of the defacto-complainant, when the same was questioned by the defacto-complainant, the accused persons abused him with filthy language and attacked with wooden log, due to which, he sustained simple injury and admitted in hospital and later he discharged from hospital on 24.07.2025 and again he admitted in hospital only to keep the petitioner in jail. In this case, petitioner/A1 alone arrested and all other accused persons are absconding. There is no previous case against this petitioner. However, he objected to grant bail to the petitioner.

6. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that the occurrence took place on 21.07.2025 and this petitioner was arrested and remanded on 22.07.2025, the defacto-complainant admitted in hospital on 24.07.2025 and discharged on 04.08.2025 and the defactocomplainant is not in a serious condition, he is in stable condition, there is no previous case against this petitioner, the petitioner/accused No.1 is in judicial custody from 22.07.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:

7. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each 4/7

for a like sum to the satisfaction of learned Judicial Magistrate, Karaikudi 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, Karaikudi. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate, Karaikudi; (*)[c] the petitioner shall stay at Tirunelveli and he shall appear and sign before the Inspector of Police, Palayamkottai Police Station, Tirunelveli daily twice at 10.00 a.m., and 05.00 p.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]. 5/7

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

8. Consequently, connected miscellaneous petition is closed. sd/- 05/08/2025 (*)CORRECTED AS PER THE ORDER OF THIS HON'BLE COURT IN CRL OP(MD) No.12961 of 2025 DATED 13.08.2025 BY PVMJ.

/ TRUE COPY / /08/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

gvn TO : - (*)TO BE SUBSTITUTED WITH THE ORDER DATED 05.08.2025 ALREADY DESPATCHED.

1. The Judicial Magistrate, Karaikudi.

2. Do through the Chief Judicial Magistrate, Sivagangai.

3. The Officer Incharge, Sub Jail, Sivagangai District.

4. The Inspector of Police, Sakkottai Police Station, Sivagangai District.

5. The Inspector of Police, Vannarpettai Police station, Tirunelveli.

6. The Inspector of Police, Palayamkottai Police station, Tirunelveli. 6/7

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

+1 CC to M/s.K.R.LAXMAN, Advocate ( SR-8414[I] dated 05/08/2025 )

ORDER

IN CRL OP(MD) No.12961 of 2025 Date :05/08/2025 CSM NBF/SAR.20.08.2025 7P/9C PS/SAR.05.08.2025 7P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7