Periyasamy v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Periyasamy

2. Vinothkumar

3. Ananthan ... Petitioners/ Accused Nos.1 to 3 Vs The State of Tamilnadu, Rep by the Inspector of Police, Thanthonimalai Police Station, Karur District.

(Crime No.272 of 2025) ... Respondent/Complainant For Petitioners : Mr.T.Lenin Kumar For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.272 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 11.08.2025 for the offences punishable under Sections 232 (2), 351(2) of the BNS, 2023 in Crime No.272 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that on 118.08.2025 at about 1500 hrs, one Thangadurai, So. Sekar lodged a complaint before the respondent police stating that he is an eye witness to the case in Crime No.365 of 2021 on the file of the Lalapettai Police Station. The trial pertaining to the said case is pending before the Additional Fast Track Mahila Court, Karur. On 11.08.2025 at about 12.30 p.m., when the defact complainant, one Jothivel, Arun and Kathirvel were standing in the Court Hall to give evidence, the petitioners threatened them that if they give evidence against them, they will eliminate them like Arunkumar. 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 11.08.2025. Hence, he seeks bail to the petitioner. 2/5

4. The learned Additional Public Prosecutor submitted that the petitioners are eye witnesses in Crime No.365 of 2021 and that when the defact complainant, one Jothivel, Arun and Kathirvel were standing in the Court Hall to give evidence, the petitioners threatened them that if they give evidence against them, they will eliminate them. 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 Judicial Magistrate No.I, Karur, 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.

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[b] the petitioners shall at Trichy and report before the Inspector of Police, Trichy Contonment Police Station, 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 4/5

under Section 269 BNS.

sd/- 08/09/2025 / TRUE COPY / 08/09/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

jbr To

1. The Judicial Magistrate No.I, Karur.

2. Do Through The Chief Judicial Magistrate, Karur District.

3. The Superintendent, Central Prison, Trichy.

4. The Inspector of Police, Thanthonimalai Police Station, Karur District.

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

Copy To The Inspector of Police, Trichy Contonment Police Station, Trichy.

ORDER

IN CRL OP(MD) No.14734 of 2025 Date :08/09/2025 HPS/08.09.2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5