Sangilipandi 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. Sangilipandi, S/o.Velpandi,

2. Sangilipandi, S/o.Vellaichamy

...Petitioners/ Accused

Nos.3 & 4 Vs The State of Tamilnadu rep.by The Inspector of Police, Nalattinpudur Police Station, Thoothukudi District.

(Crime No.66 of 2023) .. Respondent/Complainant For Petitioners : 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 petitioners / Accused Nos.3 & 4, who was arrested and remanded to 1/6

judicial custody 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 defactocomplainant and the deceased namely Vellathuraichi were travelled in his auto towards Kattalankulam, at that time, one unknown person had waylaid the defactocomplainant's auto and enquired about the missing goat and suddenly 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 petitioners would submit that there are totally four accused persons, this petitioner was arrayed as Accused Nos.3 & 4. The petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. The alleged occurrence was happened in the year 2023, but the petitioners were arrested only on 07.06.2025 after lapse of two years. Already this court granted bail to the first accused. The petitioners are ready and willing to abide any conditions that may be imposed by this Court. He would further submit 2/6

that the petitioners are in custody from 07.06.2025 nearly 60 days. Hence, he seeks bail.

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, these petitioners and other accused 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 petitioners. The first accused has not present at the scene of occurrence, at his instigation only these petitioners 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. 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 3/6

most of the investigation might have been completed, the petitioners/accused Nos.3 & 4 is in judicial custody from 07.06.2025, 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 separate 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 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 petitioners shall furnish their residential address and contact number to the learned Judicial Magistrate No.1, Kovilpatti. If the petitioners changes their residential address, they shall report the same to the learned Magistrate No.1, Kovilpatti;

[c] the petitioners shall stay at Dindigul and they 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 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 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 (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

gvn TO

1. The Judicial Magistrate No.1, Kovilpatti.

2. Do through the Chief Judicial Magistrate, Thoothukudi.

5/6

3. The Superintendent, Central Prison, Palayamkottai, Tiruenlveli District.

4. The Inspector of Police, Nalattinpudur Police Station, Thoothukudi District.

5. The Inspector of Police, Dindigul Taluk Police Station, Dindigul.

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

ORDER

IN CRL OP(MD) No.13126 of 2025 Date :06/08/2025 PS/SAR.06.08.2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6