Mani @ Subramanian v. The State Of Tamil Nadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Mani @ Subramanian ..Petitioner / Accused No.5 Vs The State of Tamilnadu rep.by The Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi District.

(Crime No.127 of 2025) .. Respondent/Complainant For Petitioner : M/s.S.Muthu Malai Raja 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.127 of 2025 on the file of the Respondent Police. 1/5

ORDER : This Court made the following order :- The petitioner / Accused No.5, who was arrested and remanded to judicial custody on 04.07.2025 for the offences punishable under Sections 191(2), 296(b), 115 (2), 118(1), 351(3) of BNS @ Sections 191(2), 296(b), 103(1), 351(3) of BNS in Crime No.127 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 21.06.2025, the petitioner / A5 along with other accused persons have assembled unlawfully, abused the deceased with filthy language, assaulted him with iron rod, caused injuries and murdered him.

3. The learned counsel for the petitioner would submit that respondent police has lodged a false complaint against this petitioner. The 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 04.07.2025 nearly 52 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that there are totally six accused in this case. Petitioner is the fifth accused. There was a wordy quarrel between the deceased and the first accused on 18.06.2025, in that incident, the Sundaralingam /deceased, attacked the first accused namely 2/5

Arumugam in the drunken mode. Due to wreck vengeance, on 21.06.2025, the first accused along with the petitioner and other accused persons has attacked the said Sundaralingam. He sustained injuries and admitted in the hospital on the same day. After taking treatment for two days, on 23.06.2025, he died. Against this petitioner, no previous case is pending. All the accused persons are still under custody. However, he objected to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the period of incarceration and the fact that by this time major part of the investigation might have been completed, 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, Tiruchendur, 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 Judicial Magistrate, Tiruchendur. If the petitioner changes his residential 3/5

address, he shall report the same to the learned Judicial Magistrate, Tiruchendur; [c] the petitioner shall appear and sign before the respondent police daily at 10.30 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 herself 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/- 25/08/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

pnn TO 1.The Judicial Magistrate, Tiruchendur.

4/5

2.Do Through The Chief Judicial Magistrate, Thoothukudi District. 3.The Superintendent, Central Prison, Palayamkottai. 4.The Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi District.

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

ORDER

IN CRL OP(MD) No.13454 of 2025 Date :25/08/2025 HPS/26.08.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5