Sibiraj v. The State Of Tamil Nadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Sibiraj, S/o.Kuppusamy : Petitioner/A4 Vs The State of Tamilnadu rep.by The Inspector of Police, Erwadi Dharga Police Station, Ramanathapuram District.

(Crime No.85 of 2025) .. Respondent/Complainant For Petitioner : Mr.C.Senthil Murugan, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.85 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner/A4, who was arrested and remanded to judicial custody on 16.06.2025 for the offences punishable under Sections 103 & 61(2) of BNS, in Crime No.85 of 2025 on the file of the respondent police, seeks bail. 1/5

2.The case of the prosecution is that there existed previous enmity between the parties. In this regard a case is pending before the Court and on 11.06.2025, the defacto complainant and her husband appeared before the mediation for settlement of previous case and after the defacto complainant went to Erwadi to see her mother-in-law. On the same day at 07.15 pm, the petitioner came to know over phone that the accused persons attacked the defacto complainant and caused grievous injuries. Immediately, the defacto complainant went to her house and seen her husband body nearby the house of one Lakshmi compound with grievous injuries on his backside head, ear, left wrist and he was rushed to Government Medical College Hospital, Ramanathapuram and there examined by the Doctor and declared the person was died. 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. The petitioner's name does not find place in the FIR and the investigation is almost completed. He further submitted that the petitioner is ready and willing to abide any conditions that may be imposed by this Court. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) submitted that there are totally five accused persons involved in this case. The petitioner has been arrayed as 2/5

A4. There was previous enmity between the accused persons and the defacto complainant husband, due to which, the accused persons attacked the defacto complainant's husband and caused grievous injuries and caused to the death. He further submitted that A3 and A5 are juveniles and are released on bail by the Juvenile Justice Board on 11.07.2025. Investigation has already been completed and the charge sheet has also been filed through e-filing. However, he opposed to grant bail to the petitioner.

5.Taking into consideration of the facts and circumstances of the case and considering the fact that the occurrence had taken place on 11.06.2025, by this time most of the investigation might have been completed and the co-accused/A3 and A5 were released on bail and taking note of the fact that the petitioner remanded into judicial custody on 16.06.2025, 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 No.II, Ramanathapuram and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the 3/5

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 No.II, Ramanathapuram. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.II, Ramanathapuram;

[c] the petitioner shall appear and sign before the respondent police daily at 10.00 a.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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

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

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das TO 1.The Judicial Magistrate No.II, Ramanathapuram. 2.Do Through The Chief Judicial Magistrate, Ramanathapuram District.

3.The Superintendent of Prison, District Prison, Ramanathapuram.

4.The Inspector of Police, Erwadi Dharga Police Station, Ramanathapuram District.

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

ORDER

IN CRL OP(MD) No.13230 of 2025 Date :14/08/2025 SBN/14.08.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5