Prabakaran @ Veliappan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Prabakaran @ Veliappan ..Petitioner/ Accused No.3 Vs The State of Tamilnadu rep.by The Inspector of Police, Chinnamanur Police Station, Theni District.

(Crime No.260 of 2025) .. Respondent/Complainant For Petitioner : M/s.M.Ramesh 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.260 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused No.3, who was arrested and remanded to judicial 1/6

custody on 27.06.2025 for the offences punishable under Sections 103(1) of BNS, 2023, in Crime No.260 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the deceased was engaged in Travels business. He has lent a sum of Rs.18 Lakhs to the wife of the Accused No.2, who is running a bakery business. Due to which a dispute arose between them. On 26.06.2025, the petitioner/A3, along with other accused persons has attacked the defacto complainant's son with a knife and caused his death. Hence the case.

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. He is an employee of Accused Nos.1 and 2. 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 27.06.2025 for nearly 60 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that the deceased is aged about 45 years. The deceased lent a sum of Rs.18 Lakhs to the Accused No.2. Therefore, he often went to the bakery run by the wife of the 2/6

Accused No.2 and unnecessarily talked with her. Accused No.2 has warned him but even after that the deceased has used words damaging the modesty of the wife of Accused No.2. On that motive along with Accused No.1, Accused No.2 went to the place of the deceased. The petitioner herein/A3 followed them in another vehicle. Accused No.1 stabbed the deceased with knife all over his body and the Accused No.2, who has cut the neck of the deceased with another knife. They both has given the knives to the petitioner herein / A3 and disappeared from the place of occurrence. The properties have been recovered and the occurrence was captured in a CCTV camera. Eye witnesses are also available in this case. No previous case is pending against this petitioner. Accused Nos.1 and 2 are still in custody. 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 the petitioner was arrested on 27.06.2025 and he is in custody for the past 60 days and also the fact that the properties were recovered and taking note of the limited overt act attributed against the petitioner herein and the fact that by this time most of the investigation might have been completed, 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 Judicial Magistrate, Uthamapalayam, 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, Uthamapalayam. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate, Uthamapalayam;

[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 4/6

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/- 26/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PNN TO 1 The Judicial Magistrate, Uthamapalayam.

2 Do Through The Chief Judicial Magistrate, Theni District.

3 The Superintendent, District Prison, Theni.

4 The Inspector of Police, Chinnamanur Police Station, Theni District.

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

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+1 CC to M/s.M.RAMESH, Advocate ( SR-9219[I] dated 26/08/2025 )

ORDER

IN CRL OP(MD) No.13563 of 2025 Date :26/08/2025 NM/26.08.2025/ 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6