Kamalahasan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Kamalahasan ... Petitioner/ Sole Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Natchiyarkoil Police Station, Thanjavur District.
(Crime No.698 of 2024) ... Respondent/Complainant For Petitioner : Mr.V.G.Vallarasu Chezhiyan For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.698 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 1/5
28.09.2024 for the offences punishable under Sections 296(b) & 103(1) of BNS Act, 2023, in Crime No.698 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that due to wordy quarrel the petitioner assaulted the deceased with a wooden block. 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 in judicial custody from 28.09.2024. Hence, he seeks bail to the petitioner.
4. The learned Additional Public Prosecutor submitted that the petitioner and the deceased are bothers. He further submitted that the investigation is completed. Therefore, he opposed for grant of bail to the petitioner.
5. Taking into consideration of the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions: 2/5
6. 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.II, Kumbakonam, Thanjavur District, and on further conditions that :- [a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity. [b] the petitioner shall report before the respondent police on the first working day of every month at 10.30 a.m., until further orders. He has to co-operate for the investigation.
[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial.
[d] the petitioner shall not abscond either during investigation or trial.
[e] 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 is released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme 3/5
Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
sd/- 04/09/2025 / TRUE COPY / 04/09/2025 Sub-Assistant Registrar (P.A-I) Madurai Bench of Madras High Court, Madurai - 625 023.
jbr TO 1 The Judicial Magistrate, No.II, Kumbakonam, Thanjavur District 2 Do Through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.
3 The Officer Incharge, District Prison, Thanjavur.
4 The Inspector of Police, Natchiyarkoil Police Station, Thanjavur District.
5 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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ORDER
IN CRL OP(MD) No.14542 of 2025 Date :04/09/2025 AS/04.09.2025/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5