Kallimuthu (Kattakali) v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Kallimuthu (Kattakali), S/o.Kajendrapoopathi.

..Petitioner/ Accused No.1 Vs The State of Tamilnadu rep.by The Inspector of Police, Kovilpatti East Police Station, Thoothukudi District.

(Crime No.374 of 2025) .. Respondent/Complainant For Petitioner : Mr.C.Venkatesh 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.374 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 22.07.2025 for the offences punishable under Sections 296(b), 115(2), 118 (1), 351(3) of BNS 2023 and Section 3 of TNPPDL Act in Crime No.374 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 21.07.2025, this petitioner along with coaccused abused the defacto-complainant with filthy language and assaulted him and made criminal intimidation against him and also damaged the bike of the defacto-complainant. 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 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. He would further submit that the petitioner is in custody from 22.07.2025, nearly 34 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that due to previous enmity, this petitioner and other accused persons assaulted the defactocomplainant and damaged his two wheeler. The injured person was sustained 2/6

simple injury and treated as out patient. This petitioner is having eight previous cases and he is also History Sheeter (HS.No.233/2024). The other accused Nos.2 and 3 were enlarged on bail by the learned Principal District and Sessions Judge, Thoothukudi, A4 absconding. Hence, 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 sustained simple injury and he was treated as out patient, in this case, A2 and A3 were already enlarged on bail by the learned Principal District and Sessions Judge, Thoothukudi, the petitioner/Accused No.1 is in judicial custody from 22.07.2025, 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate No.1, Kovilpatti, Thoothukudi 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.

3/6

[b] The petitioner shall furnish his residential address and contact number to the learned Judicial Magistrate No.1, Kovilpatti, Thoothukudi District. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.1, Kovilpatti, Thoothukudi District; [c] the petitioner shall stay at Tirunelveli and he shall appear and sign before the Inspector of Police, Palayamkottai Police Station 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.

[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]. 4/6

[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 Judicial Magistrate No.1, Kovilpatti, Thoothukudi District.

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

3. The Officer In-charge, District Sub Jail, Peravoorani, Thoothukudi.

4. The Inspector of Police, Kovilpatti East Police Station, Thoothukudi District.

5. The Inspector of Police, Palayamkottai Police Station, Palayamkottai, Tirunelveli District.

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

5/6

ORDER

IN CRL OP(MD) No.14091 of 2025 Date :25/08/2025 HPS/25.08.2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6