Pulamada Muthu v. The State Of Tamil Nadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/08/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Pulamada Muthu, S/o.Masanamuthu .. Petitioner/A1 Vs The State of Tamilnadu rep. by The Sub Inspector of Police, Muthiahpuram Police Station, Thoothukudi District.

(Crime No.229 of 2025) .. Respondent/Complainant For Petitioner : Mr.S.M.Mohan Gandhi, Advocate For Respondent : Mr.Thanga Aravindh.B, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS 1/6

PRAYER :- For Bail in Crime No.229 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 09.05.2025 for the alleged offences initially punishable under man missing and later, altered to Section 103(1) of BNS, 2023 in Crime No.229 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the de-facto complainant is a painter, and the deceased was his father. The accused persons reside in the same locality. The deceased and the accused had a dispute regarding the administration of a temple. In connection with the said dispute, a case was registered, which ended in favour of the deceased. Aggrieved by the same, the accused threatened the deceased and conspired to murder him. On 07.05.2025, while the deceased was travelling in his two-wheeler, the accused followed the deceased, intercepted him, attacked him with a stone, a beer bottle, and an iron rod, and committed the murder by throwing him from Mathikettan Odai. Hence, the present case has been registered.

3. The learned counsel for the petitioner submitted that the petitioner is an 2/6

innocent person and has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. He further submitted that the petitioner was detained under Act 14 pursuant to the detention order passed by the District Collector, and the same was subsequently revoked by the Advisory Board vide G.O.Rt.No.4331. He also submitted that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that there are three accused persons in this case and the petitioner has been arrayed as A1. The entire investigation has been completed, and a charge sheet has been filed in P.R.C.No.169 of 2025 on the file of the learned Judicial Magistrate No.II, Thoothukudi. He further submitted that there are five previous cases registered against the petitioner. Hence, he opposed to grant bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case, and taking note of the fact that the petitioner was remanded to judicial custody on 09.05.2025, and that the entire investigation has been completed and a charge sheet has been filed, and that the detention orders passed against the petitioner was revoked by the Advisory Board, and also considering the period of incarceration already undergone by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the 3/6

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

[c] the petitioner shall appear and sign before the respondent police daily 10.30 a.m., except on hearing dates, until further orders; Further, the petitioner shall appear before the concerned Trial Court on hearing dates; [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;

4/6

[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]; and; [g] If the accused/petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

sd/- 18/08/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

mkn TO 1.The Judicial Magistrate No.II, Thoothukudi.

2. Do Through The Chief Judicial Magistrate, Thoothukudi District.

3.The Superintendent, Central Jail, Palayamkottai.

4.The Sub Inspector of Police, Muthiahpuram Police Station, Thoothukudi District.

5/6

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

+1 CC to M/s.S.M.MOHAN GANDHI, Advocate ( SR-8906[I] dated 18/08/2025 )

ORDER

IN CRL OP(MD) No.13541 of 2025 Date :18/08/2025 HPS/19.08.2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6