Tamilazhagan @ Pencil 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 Tamilazhagan @ Pencil, S/o.Manoharan, : Petitioner/A1 Vs The State of Tamilnadu rep.by The Inspector of Police, Karur Town Police Station, Karur District.

(Crime No.497 of 2025) : Respondent/Complainant For Petitioner : Mr.K.C.Maniyarasu, 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.497 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 20.06.2025 for the offences punishable under Sections 296(b), 115(2), 118(1), 109(1) 1/6

and 351(3) of BNS, in Crime No.497 of 2025 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 17.06.2025 at about 10.00 pm., when the defacto complainant was standing in the light house bus stand, the accused persons came there and abused the defacto complainant in filthy language. When the same was questioned by the defacto complainant, the petitioner along with other accused persons, attacked him with hands and kicked him on his chest and caused injuries. Further the petitioner attacked the defacto complainant with wooden log on his head. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide any conditions that may be imposed by this Court. The co-accused/A2 to A4 have already been released on bail vide separate order dated 25.06.2025 in Crl.M.P.Nos.989, 988 and 990 of 2025 by the learned Principal District and Sessions Judge Karur. The petitioner is in custody from 20.06.2025 and hence, he seeks bail. 2/6

4. The learned Government Advocate (Criminal Side) submitted that there are totally four accused persons involved in this case. The petitioner has been arrayed as A1. On 17.06.2025 at about 10.00 pm., when the defacto complainant was standing in the light house bus stand, the petitioner along with other accused persons abused the defacto complainant in filthy language, attacked him and caused injuries. He further submitted that the co-accused/A2 to A4 were released on bail vide separate order, dated 25.06.2025 in Crl.M.P.Nos.989, 988 and 990 of 2025 by the learned Principal District and Sessions Judge Karur. The petitioner is having 12 previous cases, out of which, seven cases under NDPS Act and are pending and hence, the earlier bail applications filed by the petitioner were dismissed by the trial Court.

In the present case, injured has been discharged from the hospital and the investigation is pending. Hence, he opposed 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 injured person has been discharged from the hospital and that the date of occurrence is 17.06.

Judge Karur and the petitioner/A1 is in judicial custody from 20.06.2025, 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 learned Judicial Magistrate No.I, Karur 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.I, Karur. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.I, Karur; [c] the petitioner shall appear and sign before the respondent police daily twice i.e., 10.00 a.m., and 05.00 pm., until further orders. 4/6

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

sd/- 18/08/2025 / TRUE COPY / 18/08/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

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das TO

1. The Judicial Magistrate No.I, Karur.

2. Do Through The Chief Judicial Magistrate, Karur.

3. The Superintendent of Prison, Central Jail, Karur.

4. The Inspector of Police, Karur Town Police Station, Karur District.

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

ORDER

IN CRL OP(MD) No.13642 of 2025 Date :18/08/2025 PR/18.08.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6