Saravana Kumar @ Saravanan 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 1.Saravana Kumar @ Saravanan S/o.Ramasamy.

2.Aathilingam, S/o.Muthu Ramalingam.

:Petitioners/A1 & A2 Vs The State of Tamilnadu rep.by The Inspector of Police, Puthiamputhur Police Station, Thoothukudi District.

(Crime No.132 of 2025) : Respondent/Complainant For Petitioners : Mr.A.Arun Ramnath, Advocate.

For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.132 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- 1/6

The petitioners /A1, & A2 who were arrested and remanded to judicial custody on 19.04.2025 for the offences punishable under Sections 296(b) and 103(1) of BNS, in Crime No.132 of 2025 on the file of the respondent police, seeks bail. 2.Admittedly, the deceased and the second petitioner are the son-in-law of the first petitioner and the defacto complainant is the wife of the deceased and the daughter of the first petitioner.

3. The case of the prosecution is that the deceased used to consume alcohol and frequently caused disturbances. On 17.04.2025, while under the influence of alcohol, the deceased abused the de-facto complainant, her father/first petitioner and the second petitioner in filthy language. He also attacked them with a hollow block stone. The petitioners prevented the assault and in the ensuing altercation, the petitioners struck the deceased on the head, causing injuries. Subsequently, the deceased succumbed to the injuries sustained. Hence, the complaint. 4.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. The petitioners are ready and willing to abide any conditions that may 2/6

be imposed by this Court. He further submitted that the petitioners are in custody from 19.04.2025. Hence, they seek bail.

5. The learned Government Advocate (Criminal Side) submitted that there totally two accused persons in this case. The petitioners are A1 and A2. There was a wordy quarrel between the petitioners and the deceased. While under the influence of alcohol, the deceased abused the de-facto complainant, her father/first petitioner and the second petitioner in filthy language. He has also attacked them with a hollow block stone. The petitioners prevented the assault and in the ensuing altercation, the petitioners struck the deceased on the head, causing injuries. Subsequently, he died. He further submitted that after investigation, charge sheet has been filed and the case was taken on file in P.R.C. No.32 of 2025 on the file of the Judicial Magistrate Court, Ottappidaram.

5. Taking into consideration of the facts and circumstances of the case and also considering the manner in which, the offence was committed and also taking note of the fact that the investigation has already been completed and charge sheet has also been filed and the case was taken on file in P.R.C.No.32 of 2025 on the file of the Judicial Magistrate, Ottappidaram, and the petitioners/A1 & A2 are in judicial 3/6

custody from 19.07.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioners, subject to the following conditions:

6. Accordingly, the petitioners are ordered to be released on bail on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties, each for a like sum to the satisfaction of learned District Munsif cum Judicial Magistrate, Ottappidaram, 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 his residential address and contact number to the learned District Munsif cum Judicial Magistrate, Ottappidaram. If the petitioners change their residential address, they shall report the same to the learned District Munsif cum Judicial Magistrate, Ottappidaram; [c] the petitioners shall appear and sign before the respondent police daily i.e., 10.00 a.m., except on hearing dates until further orders. On hearing dates, the petitioners shall appear before the concerned trial Court. [d] the petitioners shall not abscond either during investigation or trial. 4/6

[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 themselves 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 (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

das 5/6

TO

1. The District Munsif cum Judicial Magistrate, Ottapidaram.

2. Do through the Chief Judicial Magistrate, Thoothukkudi.

2. The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli.

3. The Inspector of Police, Puthiamputhur Police Station, Thoothukudi District.

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

ORDER

IN CRL OP(MD) No.13116 of 2025 Date :06/08/2025 PS/SAR.06.08.2025 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6