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Madras High CourtCRL OP(MD)/14172/2025allowed

Shanmugasundaram v. The State Of Tamil Nadu

2025-08-29Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/08/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI 1.Shanmugasundaram, S/o.Eraniyan 2.Gopalakrishnan @ Gold, S/o.Santhanam .. Petitioners/A1 & A2 Vs The State of Tamilnadu rep. by The Inspector of Police, Manaparai Police Station, Trichy District.

(Crime No.464 of 2025) .. Respondent/Complainant For Petitioners : Mr.A.Joel Paul Antony, Advocate For Respondent : Mr.Thanga Aravindh.B, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS 1/6

PRAYER :- For Bail in Crime No.464 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioners/A1 & A2, who were arrested and remanded to judicial custody on 24.07.2025 for the alleged offences initially punishable under Section 194 of BNSS and subsequently altered to Section 108 of BNS, 2023 in Crime No.464 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the deceased, who was the husband of the de-facto complainant, was working under a political party. The accused persons approached the deceased regarding certain misappropriations that had taken place in the construction of schools and hospitals and demanded certain documents. When the deceased refused, the accused persons took him to Courtallam. At that time, the deceased contacted his wife/the de-facto complainant, and informed her about the incident and further stated that the accused persons had threatened him. Subsequently, on 23.07.2025, the deceased committed suicide by hanging himself in his shop. Hence, the present case has been registered.

3. The learned counsel for the petitioners submitted that the petitioners are 2/6

innocent persons and have not committed any offence as alleged by the prosecution. He further submitted that A3 was arrested and subsequently released on bail by this Court on 22.08.2025 in Crl.O.P.(MD)No.13821 of 2025. He, however, submitted that the petitioners are ready and willing to abide by any conditions that may be imposed by this Court, and they have been in judicial custody from 24.07.2025. Hence, he prays for grant of bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that there are totally three accused persons in this case and the petitioners have been arrayed as A1 and A2. A3 was arrested and subsequently released on bail by this Court on 22.08.2025 in Crl.O.P.(MD)No.13821 of 2025. He further submitted that there are no previous cases registered against the petitioners. However, he opposed to grant bail to the petitioners.

5. Taking into consideration the facts and circumstances of the case, and taking note of the fact that the petitioners were remanded to judicial custody on 24.07.2025, and that there are no previous cases registered against the petitioners, and that the co-accused was arrested and subsequently released on bail, and also considering the period of incarceration already undergone by the petitioners, and that by this time, 3/6

most of the investigation might have been completed, 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 a 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 the learned Judicial Magistrate, Manapparai 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, Manapparai. If the petitioners change their residential address, they shall report the same to the learned Judicial Magistrate, Manapparai;

[c] the petitioners shall report the respondent police daily at 10.30 a.m. until further orders;

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[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 themselves 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/petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

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, Manapparai.

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

3. The Superintendent, Central Prison, Trichy.

4.The Inspector of Police, Manaparai Police Station, Trichy District.

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

ORDER

IN CRL OP(MD) No.14172 of 2025 Date :29/08/2025 HPS/01.09.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6