Shanmuganathan v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date :17.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Shanmuganathan ... Petitioner/ A11 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Bazaar Police Station, Ramanathapuram District (Crime No.140 of 2025) ... Respondent/Complainant For Petitioner : Mr.M.Arikaran For Intervenor : Mr.D.Balamurugapandi For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.140 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner/A11, who was arrested and remanded to judicial custody on 15.07.2025 for the offences punishable under Sections 126(2), 296(b), 109 of BNS @ 126(2), 296(b),191(1), 191(2), 61(2), 109(1) of BNS in Crime No.140 of 2025 on the file of the respondent police seeks bail.

2. The case of the prosecution is that due to previous enmity all the accused persons restrained the defacto complainant abused him in filthy language attacked him with sword and also tried to commit murder Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 15.07.2025. Hence, he seeks bail to the petitioner.

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4. The learned counsel appearing for the intervenor vehemently objected to grant bail to the petitioner stating that the left hand of the defacto complainant was amputated and he is still taking treatment.

5. The learned Additional Public Prosecutor submitted that accused persons restrained the defacto complainant abused him in filthy language attacked him with sword and also tried to commit murder, hence he opposed for grant of bail to the petitioner.

6. Taking into consideration of the facts and circumstances of the case and also taking in to consideration the period of incarceration 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.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Ramanathapuram and on further conditions 3/6

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 petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate No.I, Ramanathapuram [c] If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.I, Ramanathapuram [d] the petitioner shall stay at Salem and report before the Salem Town Police Station daily at 10.30 a.m., and 5.30 pm., until further orders.

[e] the petitioner shall not abscond either during investigation or trial.

[f] the petitioner 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 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].

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[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

17.09.2025 aav To

1. The Judicial Magistrate No.I, Ramanathapuram

2. The Superintendent, District Jail, Ramnad

3. The Inspector of Police, Bazaar Police Station, Ramanathapuram District

4. The Inspector of Police Salem Town Police Station

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

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S.SRIMATHY,J.

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ORDER

IN CRL OP(MD) No.14394 of 2025 Date :17.09.2025 6/6