Jegatheeswaran v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/08/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI and CRL MP(MD).No.11656 of 2025 Jegatheeswaran, S/o.Nagaraj .. Petitioner/A7 Vs The State of Tamilnadu rep. by The Inspector of Police, Bazaar Police Station, Ramanathapuram District.
(Crime No.140 of 2025) .. Respondent/Complainant For Petitioner : Mr.M.S.Jeyakarthik, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) 1/7
For Intervenor : Mr.D.Balamurugapandi, Advocate PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.140 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner/A7, who was arrested and remanded to judicial custody on 02.07.2025 for the alleged offences initially punishable under Sections 126(2), 296(b) and 109 of BNS, 2023 and subsequently altered to Sections 126(2), 296(b), 191(1), 191 (2), 61(2) and 109(1) of BNS, 2023 in Crime No.140 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the de-facto complainant is the wife of the injured. The injured is running a liquor bar and a gym. On 25.06.2025, at about 13.15 hours, while the de-facto complainant's husband was proceeding to his house from his bar on a two-wheeler, the accused persons intercepted him by using an auto and attacked him with dangerous weapons. As a result, he sustained grievous injuries, and his left hand was amputated. Hence, the present case has been registered.
3. The learned counsel for the petitioner submitted that the petitioner is an 2/7
innocent person and has not committed any offence as alleged by the prosecution. He further submitted that A5 and A9 were surrendered and subsequently released on bail by this Court on 13.08.2025 in Crl.O.P.(MD)Nos.12971 and 13113 of 2025, respectively. He, however, submitted that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court, and he has been in judicial custody from 02.07.2025. Hence, he prays for grant of bail to the petitioner.
4. The learned counsel for the intervenor submitted that the de-facto complainant is the wife of the victim, who sustained grievous injuries, and his left hand was amputated due to the gruesome attack by the accused persons. Further, the victim sustained 23 cut injuries, and his right leg was also fractured. So far, more than Rs.20,00,000/- has been spent towards his medical treatment. He further submitted that if the accused is released on bail, he would threaten and tamper with the witnesses. Hence, he strongly opposed the grant of bail to the petitioner.
5. The learned Government Advocate (Criminal Side) submitted that there are totally eleven accused persons in this case, and the petitioner has been arrayed as A7. The petitioner/A7 voluntarily surrendered. A5 and A9 also voluntarily surrendered and were subsequently released on bail by this Court on 13.08.2025 in 3/7
Crl.O.P.(MD)Nos.12971 and 13113 of 2025, respectively. He further submitted that there are two previous cases registered against the petitioner, and that the injured has already been discharged from the hospital. However, he opposed the grant of bail to the petitioner.
6. Taking into consideration the facts and circumstances of the case, and taking note of the fact that two of the co-accused were voluntarily surrendered and subsequently released on bail, and that the petitioner also voluntarily surrendered and has been in judicial custody from 02.07.2025, and that the injured has already been discharged from the hospital, and also considering the period of incarceration already suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:
7. 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 the learned Judicial Magistrate No.1, Ramanathapuram and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the 4/7
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 No.1, Ramanathapuram. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.1, Ramanathapuram;
[c] the petitioner shall stay at Madurai District and sign before the Inspector of Police, Tallakulam Police Station, Madurai District daily twice i.e. at 10.00 a.m. and 05.00 p.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]; and; [g] If the accused/petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
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8. Accordingly, this Criminal Original Petition is allowed. Consequently, the connected Criminal Miscellaneous Petition is closed. sd/- 29/08/2025 / TRUE COPY / 01/09/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
mkn TO 1.The Judicial Magistrate No.1, Ramanathapuram.
2.Do Through The Chief Judicial Magistrate, Ramanathapuram District.
3.The Officer In-charge, District Jail, Ramanathapuram.
4.The Inspector of Police, Bazaar Police Station, Ramanathapuram District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to The Inspector of Police, Tallakulam Police Station, Madurai District.
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+1 CC to M/s.D.BALAMURUGAPANDI, Advocate ( SR-9398[I] dated 29/08/2025 )
ORDER
IN CRL OP(MD) No.14120 of 2025 Date :29/08/2025 HPS/01.09.2025 7P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7