M.Raja v. The State Of Tamil Nadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI M.Raja, S/o.Muthusamy, ..Petitioner/ Accused Vs The State of Tamilnadu rep.by The Inspector of Police, Karur Town Police Station, Karur District.

(Crime No.622 of 2025) .. Respondent/Complainant For Petitioner : Mr.M.Vivek 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.622 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 02.08.2025 for the offences punishable under Sections 296(b), 118(1), 351(3) of BNS and r/w.Section 25(1) of Arms Act in Crime No.622 of 2025 on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that the defacto-complainant is a tenant in the house of this petitioner. He failed to give rent for his house for the past two months, when the same questioned by the petitioner, the complainant refused to pay the rent. On 31.07.2025 at about 10.30p.m. The accused have scolded the defacto-complainant with filthy language and assaulted the defacto-complainant with bill hook and caused injuries on his left hand wrist and elbow. Further, the accused have threatened the defacto-complainant with dire consequences. Hence, the case.

3. The learned counsel for the petitioner would submit that it is the case of landlord and tenant dispute, the defacto-complainant lodged a false complaint against this petitioner. This petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. Counter case in Cr.No.623 of 2025 is also pending before the respondent police. This 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 02.08.2025, nearly 18 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that the defacto-complainant is the tenant in the house of the accused. He failed to pay the rent, when the same was questioned by the accused, there was wordy quarrel arose and this petitioner attacked the defacto-complainant. He sustained simple injury and he was treated as out patient. A counter case in Crime No.623 of 2025 is also pending 2/5

before the respondent police. There is no previous case against this petitioner. 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 in this case, injured person was treated as out patient, a case in counter in Cr.No.623 of 2025 is pending before the respondent police, it is the dispute between the landlord and the tenant, by this time material part of investigation might have been completed, there is no previous case against this petitioner, the petitioner/Accused is in judicial custody from 02.08.2025, 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.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate No.1, 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.1, Karur. If the petitioner changes his residential 3/5

address, he shall report the same to the learned Judicial Magistrate No.1, Karur; [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 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/- 20/08/2025 / TRUE COPY / 20/08/2025 Sub-Assistant Registrar ( C.S. II ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 The Judicial Magistrate No.1, Karur.

2 Do Through the Chief Judicial Magistrate, Karur District.

3 The Superintendent, Central Jail,Trichy.

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.13813 of 2025 Date :20/08/2025 AS/20.08.2025/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5