Prakash v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI 1.Prakash, S/o.Palraj.

2.Arun @ Bala Arun, S/o.Ramaiah, :Petitioners/A1 & A2 Vs The State of Tamilnadu rep.by The Inspector of Police, Munneer Pallam Police Station, Tirunelveli City.

(Crime No.453 of 2025) .. Respondent/Complainant For Petitioners : Mr.G.Karuppasamypandiyan, Advocate.

For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.453 of 2025 on the file of the Respondent Police. 1/6

ORDER : This Court made the following order :- The petitioners /A1, & A2 who were arrested and remanded to judicial custody on 15.07.2025 for the offences punishable under Sections 189(2), 296(b), 54, 115(2), 118(1) and 351(3) of BNS and Section 3 of Tamil Nadu Public Property (Prevent of Damages and Loss) act 1992, in Crime No.453 of 2025 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 13.07.2025, there was a quarrel arose between members of two different communities. During the altercation, the petitioners, who belong to one community, abused the defacto complainant, a member of the other community, using filthy language. Subsequently, the petitioners attacked the defacto complainant by throwing bricks and stones and caused injuries. Hence, the complaint.

3.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. He further submitted that this is a case and case in counter. The petitioners are also sustained injuries. During wordy altercation, the defacto complainant and his men were attacked the petitioners and caused injuries. 2/6

Therefore, FIR in Crime No.452 of 2025 came to be registered. Hence, they seek bail.

4. The learned Government Advocate (Criminal Side) submitted that there was a quarrel between the two communities' people. The petitioners herein attacked the defacto complainant by throwing bricks and stones and caused injuries. He further submitted that the injured has been discharged from the hospital. Counter case in Crime No.452 of 2025 has been registered against the defacto complainant. Investigation is pending. Hence, he opposed to grant bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that the injured has been discharged from the hospital and the case in counter case in Crime No.452 of 2025 is pending and also considering the fact that the occurrence had taken place on 13.07.2025, by this time, most of the investigation might have been completed, and the petitioners/A1 & A2 are in judicial custody from 15.07.2025, 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 3/6

a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate No.V, Tirunelveli, 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 Judicial Magistrate No.V, Tirunelveli. If the petitioners change their residential address, they shall report the same to the learned Judicial Magistrate No.V, Tirunelveli;

[c] the petitioners shall appear and sign before the respondent police daily i.e., 10.00 a.m., until further orders.

[d] the petitioners shall not abscond either during investigation or trial. [e] the petitioners shall not tamper with evidence or witness either during investigation or trial.

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

das TO

1. The Judicial Magistrate No.V, Tirunelveli.

2. Do through The Chief Judicial Magistrate, Tirunelveli.

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

4. The Inspector of Police, Munneer Pallam Police Station, Tirunelveli City.

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

+1 CC to M/s.G.KARUPPASAMY PANDIYAN, Advocate ( SR-8477[I] dated 06/08/2025 )

ORDER

IN CRL OP(MD) No.13168 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