Murugesan v. The State Of Tamil Nadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Murugesan ..Petitioner/ Accused No.1 Vs The State of Tamilnadu rep.by The Inspector of Police, Vadakadu Police Station, Pudukkottai District.
(Crime No.84 of 2025) .. Respondent/Complainant For Petitioner : M/s.S.Prabha 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.84 of 2025 on the file of the Respondent Police. 1/5
ORDER : This Court made the following order :- The petitioner / Accused No.1, who was arrested and remanded to judicial custody on 27.06.2025 for the offences punishable under Sections 103(1), 238(C), 3(5) of Bharathiya Nyaya Sanhita, 2023, in Crime No.84 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the first accused is the son of the second accused. The deceased Baskaran is the brother of the first accused. Accused No.3 is the wife of the first accused. On 27.06.2025 all the three accused had planned to commit murder of the said Baskaran due to the alleged misbehaviour and worst conduct of the said Baskaran. The first accused employed as Supervisor in Maldives. At that time the deceased Baskaran in an inebriated condition abused and misbehaved with the wife of the petitioner. This petitioner and other accused persons conspired together and committed murder. Hence, the case.
3. The learned counsel for the petitioner would submit that there are totally three accused persons, this petitioner was arrayed as accused No.1. The 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. This petitioner is no way connected with this case. The petitioner is ready and willing to abide any conditions that may be imposed by this Court. He 2/5
would further submit that the petitioner is in custody from 27.06.2025 nearly 56 days. Hence, he seeks bail.
4. The learned Government Advocate (Criminal Side) would submit that there are totally three accused were involved in this crime. In this case, the petitioner and other accused joined together and planned to commit murder as the activities of the deceased in the family became worsen, the petitioner along with all the accused had executed the murder of the deceased by attacking his head and chest with a hollow block stone and strangulated his neck by nylon rope and created a scene that the deceased was died due to rash and negligent driving of motorcycle. It is a case of murder. 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, investigation has been completed, FIR was registered on 27.06.2025, by this time most of the investigation might have been completed, there is no previous case against this petitioner, the petitioner/accused No.1 remanded into judicial custody on 27.06.2025, 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 3/5
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, Alangudi 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, Alangudi. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate, Alangudi; [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 herself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. 4/5
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
sd/- 22/08/2025 / TRUE COPY / 22/08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
pnn TO
1. The Judicial Magistrate, Alangudi.
2. Do Through The Chief Judicial Magistrate, Pudukkottai District.
3. The Superintendent, District Prison, Pudukkottai.
4.The Inspector of Police, Vadakadu Police Station, Pudukkottai District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER IN CRL OP(MD) No.13945 of 2025 Date :22/08/2025 SBN/22.08.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5