Madras High CourtCRL OP(MD)/14599/2025granted

Govintharaj v. The State Of Tamil Nadu

2025-09-04Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/09/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Govintharaj

2. Muniayya

3. Vijay

4. Thavamani

5. Karuppaiya

6. Veeraselvam

7. Thangamani ... Petitioners/Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Sengipatti Police Station, Thanjavur District.

Crime No. 130/2025.

... Respondent/Complainant For Petitioners : Ms. Shunmalar M, Advocate.

For Respondent : Mr.E. Antony Sahaya Prabahar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS 1/6

PRAYER :- For Bail in Crime No.130 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 18.07.2025 for the offences punishable under Sections 191(2), 191(3), 296(b), 109 of BNS, 2023 (corresponding offences u/s. 147, 148, 294(b), 307 IPC altered into u/s. 191(2), 191(3), 296(b), 103(ii) of BNS, 2023 (corresponding offences u/s. 147, 148, 294(b) and 302 IPC) on the file of the respondent Police in Crime No.130 of 2025 seeks bail.

2. The case of the prosecution is that due to previous enmity, the petitioners along with other accused persons are said to have attacked the deceased with a wooden log and an iron rod and thereby, causing fatal injuries. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are an innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners are ready and willing to 2/6

abide by any conditions which may be imposed by this Court and they are in judicial custody from 18.07.2025. Hence, he seeks bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that offence committed by the petitioners is serious in nature and the investigation of the case is pending and hence, he opposed for grant of bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and also considering 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 a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.III, Thanjavur, 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. 3/6

[b] The petitioners shall furnish their residential address and mobile numbers to the learned Judicial Magistrate No.III, Thanjavur. (c ) If the petitioners changes their residential address, they shall report the same to the learned Judicial Magistrate No.III, Thanjavur. [d] the petitioners shall report before the respondent police daily at 10.30 a.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 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.

sd/- 04/09/2025 / TRUE COPY / /09/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

trp TO 1 The Judicial Magistrate No.III, Thanjavur, 2 Do-Through :

The Chief Judicial Magistrate, Thanjore District.

3 The Superintendent, District Jail, Pudukkottai.

4 The Inspector of Police, Sengipatti Police Station, Thanjavur District.

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

5/6

+1 CC to M/s.M.SHUNMALAR, Advocate ( SR-9654[I] dated 04/09/2025 )

ORDER

IN CRL OP(MD) No.14599 of 2025 Date :04/09/2025 NM/04.09.2025/ 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6