Murugan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Murugan, S/o.Karuppiah, ..Petitioner/ Accused Vs The State of Tamilnadu rep.by The Sub-Inspector of Police, T.Ramanathapuram Police Station, Madurai District.

(Crime No.28 of 2025) .. Respondent/Complainant For Petitioner : Mr.G.Rajan 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.28 of 2025 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 1/5

on 21.07.2025 for the offences punishable under Sections 296(b), 333, 351(2), 64, 62 of BNS, 2023 in Crime No.28 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto-complainant is the resident of the adjacent house of the petitioner. On 21.07.2025 at about 09.00a.m. The petitioner, who is working with the complainant in a cement work company, entered into the house of the complainant and misbehaved, hugged and forcibly removed her dress and kissed her. When the defacto-complainant made alarm, this petitioner ran away from the spot. Hence, the case.

3. The learned counsel for the petitioner would submit that this petitioner is neighbour of the defacto-complainant, there is a civil dispute pending between the parties, hence, the defacto-complainant lodged a false complaint against this petitioner. 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 21.07.2025, nearly 36 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that this 2/5

petitioner forcibly entered into the house of the defacto-complainant and he molested the defacto-complainant and attempted to commit rape. 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, this petitioner was arrested and remanded into judicial custody on 21.07.2025, by this time most of the investigation might have been completed, there is no previous case against this petitioner, 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.II, Usilampatti 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.

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[b] The petitioner shall furnish his residential address and contact number to the learned Judicial Magistrate No.II, Usilampatti. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.II, Usilampatti;

[c] the petitioner shall stay at Trichy and he shall appear and sign before the Inspector of Police, Trichy Cantonment Police Station daily twice at 10.00a.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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 26/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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GVN TO 1 The Judicial Magistrate No.II, Usilampatti.

2 Do Through The Chief Judicial Magistrate, Madurai District.

3 The Officer Incharge, District Jail, Kandamanu, Theni District.

4 The Sub-Inspector of Police, T.Ramanathapuram Police Station, Madurai District.

5 The Inspector of Police, Trichy Cantonment Police Station, Trichy.

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

ORDER

IN CRL OP(MD) No.14118 of 2025 Date :26/08/2025 NM/26.08.2025/ 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5