Sankar v. The State Of Tamil Nadu, Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Sankar, S/o.Ravi, ..Petitioners/ Accused No.1 Vs The State of Tamilnadu rep.by The Inspector of Police, Thanjavur TMCH Police Station, Thanjavur District.

(Crime No.347 of 2025) .. Respondent/Complainant For Petitioners : Mr.T.Eashwar 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.347 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused No.1 who was arrested and remanded to judicial 1/6

custody on 15.07.2025 for the offences punishable under Sections 296(b), 115(2), 118 (1), 109, 351(3) of BNS, 2023 in Crime No.347 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to previous enmity, on 14.07.2025 at about 09.00ap.m. the this petitioner abused the defacto-complainant with filthy language and the first accused was attacked the defacto-complainant with deadly weapon and threatened with dire consequence. The defacto-complainant had sustained severe injuries and he was admitted in hospital. Hence, the case.

3. The learned counsel for the petitioner would submit that due to previous enmity, the defacto-complainant lodged a false complaint against this petitioner. This petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 15.07.2025, nearly 28 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that due to previous enmity, on 14.7.2025, this petitioner and other accused persons made a quarrel with the defacto-complainant, they abused and kicked him with their legs 2/6

and this petitioner cut the defacto-complainant's finger with sword and threatened him with dire consequences. The accused No.3 and 4 were already enlarged on bail by this Court in Crl.OP.(MD).No.12799 of 2025 dated 30.07.2025. This petitioner is having ten previous cases. The injured person was discharged from hospital on 26.07.2025. However, 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, injured person was discharged from hospital on 26.07.2025, The accused No.3 and 4 were already enlarged on bail by this Court in Crl.OP.(MD).No.12799 of 2025 dated 30.07.2025, by this time most of the investigation might have been completed, the petitioners/accused No.1 is 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 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, Thanjavur and on further conditions that :- 3/6

[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 petitioner shall furnish his residential address and contact number to the learned Judicial Magistrate No.2, Thanjavur. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.2, Thanjavur;

[c] the petitioner shall stay at Madurai and he shall appear and sign before the Inspector of Police, Thideer Nagar Police Station, Madurai daily twice at 10.00.a.m. and 05.30p.m. until further orders;

[d] the petitioner shall not abscond either during investigation or trial. [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 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 4/6

Section 269 BNS.

sd/- 13/08/2025 / 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.2, Thanjavur.

2. Do through the Chief Judicial Magistrate, Thanjavur@ kumbakonam.

3. The Superintendent, District Jail, Thanjavur.

4. The Inspector of Police, Thanjavur TMCH Police Station, Thanjavur District.

5. The Inspector of Police, Thideer Nagar Police Station, Madurai.

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

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ORDER

IN CRL OP(MD) No.13319 of 2025 Date :13/08/2025 PS/SAR.14.08.2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6