Rajamani v. The State Of Tamilnadu, Rep. By The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Rajamani

2. Subbulakshmi ... Petitioners/ Accused Nos.1 & 3 Vs The State of Tamilnadu, Rep by the Inspector of Police, Mallanginaru Police Station, Virudhunagar District.

(Crime No.127 of 2025) ... Respondent/Complainant For Petitioners : Mr.A.Thiyagarajan For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.127 of 2025 on the file of the respondent police. 1/5

ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 19.06.2025 for the offences punishable under Sections 296(b), 115(2), 118(1) & 351(3) of BNS altered into 294(b), 115(2), 118(1), 351(3), 103(1) of BNS, in Crime No.127 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that due to previous enmity regarding property between the petitioner and the defacto complainant, the petitioner abused the defacto complainant's son in filthy language and attacked him, as a result of which he succumbed to the injuries at the hospital. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent person and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are in judicial custody from 19.06.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that A-1 is the mother and A-2 is the daughter and that due to a property dispute, the petitioners attacked 2/5

the defacto complainant's son and thereby caused his death. Therefore, 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 suffered by the petitioners, 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 District Munsif cum Judicial Magistrate Court, Kariyapatti, Virudhunagar District, and on further conditions that :- [a] the petitioners 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 first petitioner shall stay at Virudhunagar and report before the Inspector of Police, Virudhunagar Bazaar Police Station, daily at 10.30 a.m., until further orders and the second petitioner shall stay at Madurai and report before the Inspector of Police, Thallakulam 3/5

Police Station, Madurai, daily at 10.30 a.m., until further orders. They have to co-operate for the investigation.

[c] the petitioners shall not tamper with the evidence or witness either during investigation or trial.

[d] the petitioners 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 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 ( PA. I ) Madurai Bench of Madras High Court, Madurai - 625 023.

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jbr TO 1 The District Munsif Cum Judicial Magistrate Court, Kariyapatti, Virudhunagar 2 Do Through The Chief Judicial Magistrate, Virudhunagar District.

3 The Officer Incharge, District Jail, Virudhunagar.

4 The Inspector of Police, Mallanginaru Police Station, Virudhunagar District.

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

+1 CC to M/s.A.THIYAGARAJAN, Advocate ( SR-9642[I] dated 04/09/2025 )

ORDER

IN CRL OP(MD) No.14609 of 2025 Date :04/09/2025 NM/04.09.2025/ 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5