Jambugeswaran v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/09/2025 PRESENT THE HONOURABLE MRS.JUSTICE S.SRIMATHY Jambugeswaran ..Petitioner/ Accused No.2 Vs State of Tamilnadu Rep. By the Inspector of Police, Srirangam Police Station, Trichy City (Crime No.1019 of 2024) .. Respondent/Complainant For Petitioner : Mr.K.M.Karunakaran Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.1019 of 2024 on the file of the Respondent Police. 1/6

ORDER : This Court made the following order :- The petitioner, who was arrested and remanded to judicial custody for the offences punishable under Sections 296(b), 191(2), 191(3), 103(2), 109(1), 118(1), 190, 126(2) of BNS @ 296(b), 191(2), 191(3), 103(2), 109(1), 118(1), 190, 126(2) of 61 of BNS in Crime No.1019 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant stated that she resides at the address mentioned and that her husband, Suresh, works as a coolie at Poo Market. Due to past enmity between her husband and one Chandru, who was murdered in 2020 by her husband and his associates. On 22.09.2024, while the defacto complainant and her husband were visiting a temple, the petitioner and the coaccused allegedly wrongfully restrained them. They verbally abused the deceased using obscene language and assaulted both him and the de-facto complainant with deadly weapons, causing severe injuries. As a result, the deceased collapsed and died on the spot. The de-facto complainant also sustained serious injuries and was admitted to the Government Hospital in Trichy. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an 2/6

innocent person and he has not committed any offence as alleged by the prosecution. The petitioner was falsely implicated in this case. Hence, he seeks bail. 4.The learned Additional Public Prosecutor submitted that the defacto complainant stated that her husband works as a coolie at Poo Market. Due to past enmity between her husband and one Chandru, who was murdered in 2020 by her husband and his associates. On 22.09.2024, while the de-facto complainant and her husband were visiting a temple, the petitioner and the co-accused allegedly wrongfully restrained them. They verbally abused the deceased using obscene language and assaulted both him and the de-facto complainant with deadly weapons, causing severe injuries. As a result, the deceased collapsed and died on the spot. The de-facto complainant also sustained serious injuries and was admitted to the Government Hospital in Trichy. However, he opposed for grant of bail to the petitioner.

5.Taking into consideration of the facts and circumstances of the case and there is no previous case pending against the petitioner 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:- 3/6

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, for a like sum to the satisfaction of the learned Judicial Magistrate, Srirangam 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 petitioner shall furnish her residential address and mobile number to the learned Judicial Magistrate, Srirangam. [c] If the petitioner changes her residential address, he shall report the same to the learned Judicial Magistrate, Srirangam [d] the petitioner shall report before the learned Judicial Magistrate, Srirangam, daily at 10.30 a.m., 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]. 4/6

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

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

sd/- 03/09/2025 / TRUE COPY / /09/2025 Sub-Assistant Registrar ( C.S. / II ) Madurai Bench of Madras High Court, Madurai - 625 023.

rjr TO 1 The Judicial Magistrate, Srirangam 2 Do Through The Chief Judicial Magistrate, Trichy District.

3 The Superintendent, Central Prison, Trichy.

4 The the Inspector of Police, Srirangam Police Station, Trichy City.

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

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+1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-9560[I] dated 03/09/2025 )

ORDER

IN CRL OP(MD) No.14500 of 2025 Date :03/09/2025 NM/03.09.2025/ 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6