Balasubramaniyan v. The State Of Tamilnadu Rep By The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Balasubramaniyan, S/o.Mookkan, : Petitioner/Accused Vs The State of Tamilnadu rep.by the Inspector of Police, Viralimalai Police Station, Pudukkottai District.

(Crime No.272 of 2025) .. Respondent/Complainant For Petitioner : Mr.D.Ramesh Kumar, Advocate.

For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.272 of 2025 on the file of the Respondent Police. ORDER: This Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial 1/6

custody on 16.07.2025 for the offences punishable under Sections 191(2), 191(3), 296 (b), 118(1), 109(1), 351(3) of BNS r/w Section 4 of TNPHW Act, in Crime No.272 of 2025 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 15.07.2025, due to previous enmity, the petitioner along with other accused assaulted the defacto complainant's son with deadly weapon and caused injuries. 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. 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 is in custody from 16.07.2025. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) submitted that there are totally ten accused involved in this case and the petitioner herein arrayed as A10. On 15.07.2025, due to previous enmity, the petitioner along with other accused assaulted the defacto complainant's son with deadly weapon and caused injuries. 2/6

He further submitted the injured persons have been discharged from the hospital and the investigation is pending. A9 and A10 have been arrested and A2 to A8 are absconding. The petitioner is not having any previous case. However, he opposed 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 the injured persons have been discharged from the hospital and the occurrence had taken place on 15.07.2025, by this time most of the investigation might have been completed and also considering the fact that the petitioner is not having any bad antecedents and the petitioner/Accused is in judicial custody from 16.07.2025, 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 Court, Viralimalai, Pudukkottai District 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.

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[b] the petitioner shall furnish his residential address and contact number to the learned (*)Judicial Magistrate Court, Viralimalai, Pudukkottai District. If the petitioner changes his residential address, he shall report the same to the learned (*)Judicial Magistrate Court,, Viralimalai, Pudukkottai District; [c] the petitioner shall appear and sign before the respondent police daily twice at 10.30 a.m., and 05.30 pm., 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]. 4/6

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

sd/- 06/08/2025 (*)AMENDED AS PER THE ORDER OF THIS HON'BLE COURT IN CRL MP(MD)No.10883 of 2025 DATED 14/08/2025.

/ TRUE COPY / 14/08/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

das TO (*)TO BE SUBSTITUTED WITH THE ORDER DATED 06/08/2025 ALREADY DESPATCHED 1.(*)The Judicial Magistrate, Viralimalai, Pudukkottai District.

2.Do Through The Chief Judicial Magistrate, Pudukkottai District. 3.The Superintendent of Prison, District Prison, Pudukkottai .

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

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

ORDER

IN CRL OP(MD) No.13170 of 2025 Date :06/08/2025 GVN SBN/SAR.14.08.2025 6P/6C 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