Marikani v. The State Of Tamil Nadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.08.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI Marikani ... Petitioner/ Sole Accused Vs The State of Tamil Nadu rep. by The Inspector of Police, South Police Station, Thoothukudi District.
(Crime No.297 of 2025) ... Respondent/ Complainant For Petitioner : Ms.P.Nagalakshmi, Advocate.
For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl. Side) PETITION FOR BAIL Under Section 483 B.N.S.S.
PRAYER :- For Bail in Crime No.297 of 2025 on the file of the Respondent police. ORDER : The Court made the following order :- 1/5
The petitioner / Sole Accused, who was arrested and remanded to judicial custody on 16.04.2025 for the offences punishable under Sections 296(b), 109(1) and 351(3) BNS altered into Sections 296(b), 109(1), 103(1) and 351(3) BNS in Crime No.297 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the defacto complainant's daughter Jebaviolet had married second time with Lingaraj and after marriage, she developed illegal intimacy with the petitioner, who is also a married man, that on 16.04.2025, the defacto complainant's daughter went to the house of the petitioner and at that time, the petitioner attacked the defacto complainant's daughter by using wooden log and abused her in filthy language and that on 18.04.2025, the defacto complainant's daughter succumbed to the injuries.
3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution and that a false case has been lodged as against the petitioner. The petitioner is ready and willing to abide any conditions that may be imposed by this Court. She would further submit that the petitioner is in custody from 16.04.2025 nearly 120 days. Hence, she seeks bail.
4. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that the petitioner is the sole accused, that the petitioner 2/5
had extra martial affair with the defacto complainant's daughter and that on 16.04.2025, the petitioner attacked the defacto complainant's daughter by using wooden log and when the same was questioned by the neighbors, the petitioner had threatened them with dire consequences and the defacto complainant's daughter was admitted in the hospital on 16.04.2025 and despite treatment, she died on 18.04.2025. He would further submit that investigation has already been completed and charge sheet has been filed and the same was taken on file in P.R.C.No.150 of 2025 on the file of the Judicial Magistrate No.1, Thoothukudi and that the petitioner is having four previous cases. Hence, he objected to grant bail to the petitioner.
5. Taking into consideration of the facts and circumstances of the case and considering the fact that investigation has already been completed and charge sheet has been filed and the same was taken on file in P.R.C.No.150 of 2025 and taking note of the fact that the petitioner remanded into judicial custody on 16.04.2025, 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 the Judicial Magistrate No.1, Thoothukudi District and on further conditions that :- 3/5
[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 Judicial Magistrate No.1, Thoothukudi District. If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate No.1, Thoothukudi District;
[c] the petitioner shall appear and sign before the respondent police daily at 10.00 a.m., except on hearing dates, until further orders; and on hearing dates the petitioner shall appear before the concerned Court; [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]; and 4/5
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
sd/- 13/08/2025 / TRUE COPY / 13/08/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
csm TO 1 THE JUDICIAL MAGISTRATE NO.1, THOOTHUKUDI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
3 THE OFFICER INCHARGE, PERURANI JAIL, THOOTHUKUDI DISTRICT.
4 THE INSPECTOR OF POLICE, SOUTH POLICE STATION, THOOTHUKUDI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.13540 of 2025 Date :13/08/2025 NBF/SAR- /13/08/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5