Lokesh 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 Lokesh ..Petitioner/Accused No.4 Vs State of Tamilnadu The Inspector of Police, Natchiyarkovil Police Station, Thanjavur District.
(Crime No.1320 of 2020) .. Respondent/Complainant For Petitioner : Mr.A.Joel Paul Antony 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.1320 of 2020 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 on 21.12.2024 for the offences punishable under Section 294(b), 147,148,302, 120(B) r/w 149 of IPC, in Crime No.1320 of 2020, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 19.10.2020 between 7:30 p.m. and 7:45 p.m., the Petitioner and other accused person went to the kuppamkulam, attacked and killed the one Kamaraj and sakthivel. Hence the defacto complainant lodged the complaint before the respondent police. After completing the investigation the respondent police filed charge sheet in S.C No. 38 of 2022 before the Learned 1st Additional District Judge (FTC), Kumbakonam. Now based on the order of this Court, the case was transferred into the Learned Principal District and Session Judge Tiruchirappalli, in S.C. No. 160 of 2025 in Crl.O.P.(MD)No.6205 of 2025 dated 08.04.2025. The Petitioner regularly appear before the court, due on 21.04.2025 and due to ill health on 29.11.2022, he is unable to appear before the Court on that day. Therefore, the trial Court has issued NBW against the Petitioner. Hence, the complaint.
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3. The learned counsel for the petitioner submitted that the petitioner has never committed offence alleged by the respondent police and his name was falsely implicated in the present case. He would further submit that the petitioner is in custody from 21.12.2024. Hence, he seeks bail. 4.The learned Additional Public Prosecutor submitted that on 19.10.2020, the Petitioner and other accused person went to the kuppamkulam, attacked and killed the one Kamaraj and sakthivel. Hence the defacto complainant lodged the complaint before the respondent police. After completing the investigation the respondent police filed charge sheet in S.C No. 38 of 2022 before the Learned 1st Additional District Judge (FTC), Kumbakonam.
Now based on the order of this Court, the case was transferred into the Learned Principal District and Session Judge Tiruchirappalli, in S.C. No. 160 of 2025 in Crl.O.P.(MD)No.6205 of 2025 dated 08.04.2025. The Petitioner regularly appears before the court, due on 21.04.2025 and due to ill health on 29.11.2022, he is unable to appear before the Court on that day. Therefore, the trial Court has issued NBW against the Petitioner. However, he opposed for grant of bail to the petitioner.
5.Taking into consideration of the facts and circumstances of the case and also 3/6
considering the period of incarceration, this Court is inclined to grant bail to the petitioner, subject to the following conditions:- 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 No.I, Trichy, 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 No.I, Trichy. [c] If the petitioner changes her residential address, he shall report the same to the learned Judicial Magistrate No.I, Trichy. [d] the petitioner shall report before the trial Court, daily at 10.30 a.m., and 5.30 p.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 4/6
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]. [h] 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. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
RJR TO 1 The Judicial Magistrate No.I, Trichy 2 Do Through The Chief Judicial Magistrate, Trichy District.
3 The Superintendent, Central Prison, Trichy.
4 The Inspector of Police, Natchiyarkovil Police Station, Thanjavur District.
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5 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.14517 of 2025 Date :03/09/2025 NM/03.09.2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6