Gajendran v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Gajendran, S/o.Kamaraj, ..Petitioner/ Accused No.1 Vs The State of Tamilnadu rep.by The Inspector of Police, Uppiliyapuram Police Station, Trichy District.

(Crime No.201 of 2025) .. Respondent/Complainant For Petitioner : Mr.S.Gurumoorthy 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.201 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- 1/6

The petitioner / Accused No.1, who was arrested and remanded to judicial custody on 10.05.2025 for the offences punishable under Sections 194(3)(iv) of BNSS altered into Section 103(1) of BNS in Crime No.201 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the second accused is the wife of the defactocomplainant and she had two children and the deceased Kathirvelan is the son of the second accused. Due to misunderstanding, she lived separately. This petitioner is having affair with her. When they were having physical relationship, the said Kathivelan, disturbed them and hence the accused beat him with hands and the first accused strangulate his neck and hit him on the wall and due to injuries he was died. Hence, the case.

3. The learned counsel for the petitioner would submit that there are totally two accused persons, the rank of the petitioner is A1. 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. The Accused No.2 already enlarged on bail by the learned Principal District and Sessions Judge, Tiruchirappalli. He would further submit that the petitioner is in custody from 10.05.2025, nearly 107 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that the 2/6

second accused is the wife of the defacto-complainant, she is having extra marital affair with this petitioner. She is having two children. This petitioner and the second accused having relationship, her son Kathirvelan disturbed them and both the accused persons thought that he is the hindrance to their relationship and they decided to kill him. Both the accused beaten the deceased boy severely and strangulated his neck, due to which he died. The postmortem report also clearly shows that it is the death by strangulation. In this case, Accused No.2 enlarged on bail by the Principal District Judge, Trichy on 27.06.2025. In this case, investigation completed, charge sheet has been filed and the same was taken on file in PRC.No.14 of 2025 on the file of learned Judicial Magistrate, Thuraiyur. 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, Accused No.2 enlarged on bail by the Principal District Judge, Trichy on 27.06.2025, in this case, investigation completed, charge sheet has been filed and the same was taken on file in PRC.No.14 of 2025 on the file of learned Judicial Magistrate, Thuraiyur, there is no previous case against this petitioner, the petitioner/Accused No.1 is in judicial custody from 10.05.2025, taking into consideration of the period of incarceration, 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 Principal District and Sessions Judge, Tiruchirappalli 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 Principal District and Sessions Judge, Tiruchirappalli. If the petitioner changes his residential address, he shall report the same to the learned Principal District and Sessions Judge, Tiruchirappalli; [c] the petitioner shall appear and sign before the respondent police daily twice at 10.30.a.m., except on hearing dates, until further orders, and he shall also appear before the concerned Trial court on hearing dates. [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 4/6

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 / 25/08/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

gvn TO

1. The Principal District and Sessions Judge, Tiruchirappalli.

2. The Superintendent, Central Prison, Trichy

3. The Inspector of Police, Uppiliyapuram Police Station, Trichy District.

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

+1. CC to GURUMOORTHY S Advocate SR.No.53745 (F) dated 25/08/2025 5/6

ORDER

IN CRL OP(MD) No.14022 of 2025 Date :25/08/2025 HPS/25.08.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6