Niranjan 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
1. Niranjan, S/o.Palpandi,
2. Pasumpon @ Karuppasamy, S/o.Gurusamy
...Petitioners/ Accused Nos.6 & 8
Vs The State of Tamilnadu rep.by The Inspector of Police, Thirumangalam Taluk Police Station, Madurai District.
(Crime No.125 of 2025) ... Respondent/Complainant For Petitioners :Mr.S.Muthu Malai Raja 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.125 of 2025 on the file of the Respondent Police. 1/7
ORDER : This Court made the following order :- The petitioners / Accused Nos.6 & 8, who were arrested and remanded to judicial custody on 11.08.2025 and 16.08.2025 respectively for the offences punishable under Sections 49, 191(2), 329(4), 296(b), 115(2), 324(5) and 351(3) of BNS 2023 r/w.Section 4 of TNPHW Act @ 49, 191(2), 329(4), 296(b), 115(2) and 351(3) of BNS 2023 r/w.Section 4 of TNPHW Act r/w.Section 4 of TNPPDL Act in Crime No.125 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that there was a dispute between the defactocomplainant and one pandiyarajan regarding cutting down of Julifora trees at Kanmai. In this regard, complaint was registered by both side parties before the Thirumangalam Taluk Police Station. While being so, on 14.07.2025, the said Pandiyarajan was attacked and brought to the hospital for treatment then on 16.07.2025, he was died. On the same day, the deceased pandiyarjan's wife relative got angry with the defacto-complainant and his relatives and they came up with wooden log and iron rod, at the instigation of A11 who is the wife of Pandiyarajan, the accused persons treaspassed into the house of the defacto-complainant and damaged the household articles of the defacto-complainant. Hence, the case.
3. The learned counsel for the petitioners would submit that there are totally 2/7
twenty accused persons, these petitioners were arrayed as Accused Nos.6 & 8. 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 first petitioner/sixth accused is is custody from 11.08.2025 and the second petitioner/accused No.8 is in judicial custody from 16.08.2025 nearly 18 and 13 days respectively. Hence, he seeks bail.
4. The learned Government Advocate (Criminal Side) would submit that there are totally 20 accused persons. A6, A8 and A11 alone were arrested by the respondent police, all other accused persons absconded. There was enmity between the family of the defacto-complainant and one Pandiyarajan regarding cutting of trees at Thirali Kanmai, due to which a case was pending before the respondent police in Cr.No.107/2025 and 108/2025. Meanwhile, on 14.07.2025, the Pandiyarjan was assaulted and on 16.07.2025 he was died. The present accused persons are the relatives of deceased pandiyarajan, due to the death of the pandiyarajan, the accused persons forcibly entered into the house of the defacto-complainant and damaged the all the household articles and they killed the cattle and goats. The total value of the damage is around Rs.7,00,000/-. In this case, the defacto-complainant sustained simple injury and he was treated as out patient. There is no previous case against 3/7
these petitioners. However, 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 said occurrence was happened on 16.07.2025, complaint was lodged only on 10.08.2025 on the same day itself FIR was registered, the first petitioner/ A6 was arrested on 11.08.2025 and the second petitioner/A8 was arrested on 16.08.2025, by this time major part of investigation might have been completed, at the time of occurrence the defacto-complainant sustained simple injury and he was treated as out patient, the petitioners/accused Nos.6 & 8 are in judicial custody from 11.08.2025 and 16.08,2025 respectively, 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 Court, Thirumangalam 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 make deposit of Rs.50,000/- (Rupees Fifty Thousand 4/7
only) each to the credit of Crime No.125 of 2025, without prejudice to their defence before the trial Court; and on such deposit being made, the learned Judicial Magistrate, Thirumangalam shall accept the sureties furnished by the petitioners; the learned Judicial Magistrate Thirumangalam shall deposit the said amount as fixed deposit in a Nationalized Bank and the entitlement of the said amount will be decided at the time of disposal of the main case. [c] The petitioners shall furnish their residential address and contact number to the learned Judicial Magistrate, Thirumangalam. If the petitioners changes their residential address, they shall report the same to the learned Judicial Magistrate, Thirumangalam;
[d] the petitioners shall stay at Salem and they shall appear and sign before the Inspector of Police, Shevapet Police Station daily twice at 10.00 a.m., and 05.00p.m., until further orders.
[e] the petitioners shall not abscond either during investigation or trial. [f] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[g] 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 5/7
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]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
sd/- 29/08/2025 / TRUE COPY / 29/08/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
gvn TO 1 The Judicial Magistrate, Thirumangalam.
2 Do Through the Chief Judicial Magistrate, Madurai District. 3 The Officer Incharge, Sub Jail, Thirumangalam, Madurai. 4 The Inspector of Police, Tirumangalam Taluk Police Station, Madurai District.
5 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.14309 of 2025 Date :29/08/2025 6/7
NBF/SAR- /29/08/2025/ 7P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7