Alagu Sundarapandi v. The State Of Tamilnadu, Rep. By The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Alagu Sundarapandi, S/o.Irulandi, : Petitioner/A1 Vs The State of Tamilnadu rep.by the Inspector of Police, Kamuthi Police Station, Ramanathapuram City.

(Crime No.151 of 2025) .. Respondent/Complainant For Petitioner : Mr.G.Vishnuram, 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.151 of 2025 on the file of the Respondent Police. 1/6

ORDER: This Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 30.07.2025 for the offences punishable under Section 296(b), 115(2), 75 of BNS r/w Section 92 of Rights of Person with Disabilities Act 2016, in Crime No.151 of 2025 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 27.07.2025, at about 10.00 pm.,the victim was going to attend natural call nearby her house, at that time, the petitioner came there and hugged her and on 29.07.2025, the victim's daughter came to see her mother, the victim informed about the above incident. Hence, the defacto complainant and her family members went to the petitioner's house and questioned him.

Due to which, there arose wordy quarrel, the petitioner and his family members abused the defacto complainant and her family members and also attacked with stick and caused injuries. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner and the defacto complainant are neighbours and the petitioner is an innocent person, he has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case.

to abide any conditions that may be imposed by this Court. He further submitted that the petitioner is in custody from 30.07.2025, more than 94 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) submitted that there are totally three accused persons involved in this case. A2 and A3 are absconding. When the victim was going to attend natural call nearby her house, at that time, the petitioner/A1 came there and misbehaved with her. When the same was questioned by the defacto complainant, the petitioner along with other accused persons abused the defacto complainant and her family members and also attacked them with stick and caused injuries. He further submitted that the petitioner's earlier bail petitione was dismissed by the learned Principal Sessions Judge, Ramanathapuram.

5. Taking into consideration of the facts and circumstances of the case and also considering the fact that the occurrence had taken place on 27.07.2025, by this time most of the investigation might have been completed and the petitioner is not having any bad antecedents and the petitioner/Accused is in judicial custody from 30.07.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions: 3/6

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 District Munsif cum Judicial Magistrate, Kamuthi 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 petitioner shall furnish his residential address and contact number to the learned District Munsif cum Judicial Magistrate, Kamuthi. If the petitioner changes his residential address, he shall report the same to the learned District Munsif cum Judicial Magistrate, Kamuthi;

[c] the petitioner shall stay at Madurai and appear and sign before the Thallakulam Police Station 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 4/6

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/- 07/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

das TO 1.The District Munsif cum Judicial Magistrate, Kamuthi.

2. Do through the Chief Judicial Magistrate, Ramanathapuram.

3.The Superintendent of Prison, Sub Jail, Mudukulathur.

4.The Inspector of Police, Kamuthi Police Station, Ramanathapuram City.

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

Copy to The Inspector of Police, Tallakulam Police station, Madurai.

ORDER

IN CRL OP(MD) No.13264 of 2025 Date :07/08/2025 PS/SAR.07.08.2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6