Ganesan @ Karichankarthick 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

1. Ganesan @ Karichankarthick, S/o.Chenthurpandian,

2. Manivannan, S/o.Senthurpandian

...Petitioners/ Accused Nos.2 & 3

Vs The State of Tamilnadu rep.by The Inspector of Police, Uthumalai Police Station, Tenkasi District.

(Crime No.278 of 2025) .. Respondent/Complainant For Petitioners : Mr.S.Kasirajan 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.278 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioners / Accused Nos.2 & 3, who was arrested and remanded to judicial custody on 17.06.2025 for the offences punishable under sections 332(a), 126 (2), 296(b), 351(3), 103(2), 191(2), 191(3), 127(2), 61(2) of BNS in Crime No.278 of 2025 on the file of the respondent police, seeks bail. 1/5

2. The case of the prosecution is that due to wordy quarrel while repairing the flower shop of the deceased which is situated opposite to the shop of A1, all the accused persons had entered into the house of the deceased and they surrounded the deceased and A1 and A2 attacked the deceased with sickle and other accused also attacked the deceased and caused his death. Hence, the case.

3. The learned counsel for the petitioners would submit that there are totally five accused persons, these petitioners were arrayed as Accused Nos.2 & 3. The petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. The petitioners are ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioners are in custody from 17.06.2025 nearly 69 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that due to previous motive this petitioner and other accused persons brutally attacked the deceased with sickle, due to which he sustained severe injury and died on the spot. In this case, Accused No.4 was enlarged on bail by the learned Principal Sessions Judge, Tenkasi in Crl.MP.No.2165 of 2025 dated 21.08.2025, A5 also enlarged on bail by the learned Principal Sessions Judge, Tenkasi in Crl.MP.No.2100 of 2025 dated 19.08.2025. In this case, weapons recovered by the respondent police. The first petitioner is having one previous and the second petitioner is having one previous 2/5

case. Hence, he objected to grant bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that in this case, the weapons were recovered by the respondent police, Accused No.4 was enlarged on bail by the learned Principal Sessions Judge, Tenkasi in Crl.MP.No.2165 of 2025 dated 21.08.2025, A5 also enlarged on bail by the learned Principal Sessions Judge, Tenkasi in Crl.MP.No.2100 of 2025 dated 19.08.2025, the petitioners/accused Nos.2 & 3 are in judicial custody from 17.06.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioners, subject to the following conditions:

6. Accordingly, the petitioners are ordered to be released on bail on executing separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate, Alangulam, Tenkasi District 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 petitioners shall furnish their residential address and contact number to the learned Judicial Magistrate, Alangulam, Tenkasi District. If the petitioners changes their residential address, they shall report the same to the learned Judicial 3/5

Magistrate, Alangulam, Tenkasi District.

[c] the petitioners shall appear and sign before the respondent police daily at 10.30.a.m until further orders.

[d] the petitioners shall not abscond either during investigation or trial. [e] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 / / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

gvn 4/5

TO 1.The Judicial Magistrate, Alangulam, Tenkasi District.

2.Do Through The Chief Judicial Magistrate, Tenkasi District.

3.The Superintendent, Central Prison, Palayamkottai.

4.The Inspector of Police, Uthumalai Police Station, Tenkasi District.

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

+1 CC to M/s.S.KASIRAJAN, Advocate ( SR-9192[I] dated 26/08/2025 )

ORDER

IN CRL OP(MD) No.14026 of 2025 Date :25/08/2025 SBN/26.08.2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5