Sudalai (Sudalai Muthu) v. The State Of Taminadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Sudalai, (Sudalai Muthu), S/o.Mani.
..Petitioner/ Accused Vs The State of Tamilnadu rep.by The Inspector of Police, All Women Police Station, Thirumangalam, Madurai District.
(Crime No.230 of 2023) .. Respondent/Complainant For Petitioner : Mr.M.Paramasivam 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.230 of 2023 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 1/6
on 13.06.2025 for the offences punishable under Sections 342, 366, 376, 392 of IPC and section 4 of TNPWH in Crime No.230 of 2023 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the victim is the deaf and dump person and she is the relative of the defacto-complainant. On 14.11.2023 at about 4.00p.m. The victim was waiting for the bus at Avaniyapuram Junction, at that time the accused persons came there in a auto and kidnapped her and confined her in a room at Nallur and raped her forcefully. Further, they snatched his 1 1⁄2 sovereigns of gold jewel. Hence, the case.
3. The learned counsel for the petitioner would submit that there are totally four accused persons, the rank of the petitioner is A2. This petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. 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 13.06.2025, nearly 73 days. Hence, he seeks bail.
4. The learned Government Advocate (Criminal Side) would submit that the 2/6
victim is the deaf and dumb, on 14.11.2023 while she was standing near Avaniyapuram Junction, at that time, four persons abducted her and raped her forcibly and snatched 1 1⁄2 sovereigns of gold jewel. Based on the confession statement of A1, the other accused were arrayed as accused. In this case, identification parade was conducted. The A1 was enlarged on bail by the learned Principal Sessions Judge, Madurai in Crl.M.P.No.3732/2024 dated 21.08.2024. This case was transferred to AWPS, Thirumangalam, Madurai. In this case, A3 arrested and A4 absconding. In this case, investigation completed, charge sheet is going to be filed by the respondent police. 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, A1 was enlarged on bail by the learned Principal Sessions Judge, Madurai in Crl.M.P.No.3732/2024 dated 21.08.2024, investigation completed, charge sheet is going to be filed by the respondent police, the petitioner/Accused No.2 is in judicial custody from 13.06.2025, 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 3/6
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, Thirumangalam 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, Thirumangalam. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate, Thirumangalam;
[c] the petitioner shall appear and sign before the respondent police daily twice at 10.00.a.m., and 05.00p.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.
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[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/- 25/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.
gvn TO
1. The Judicial Magistrate, Thirumangalam.
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2.Do through The Chief Judicial Magistrate Madurai.
3. The Superintendent, Central Prison, Madurai.
4. The Inspector of Police, All Women Police Station, Madurai District.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.M.PARAMASIVAM, Advocate ( SR-9132[I] dated 25/08/2025 )
ORDER
IN CRL OP(MD) No.13836 of 2025 Date :25/08/2025 PR/25.08.2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6