Suman v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Suman, S/o.Suvikaran

2. Latha, W/o.Suvikaran

3. Sutha, W/o.Mariadass ... Petitioners/ Accused Nos. 1 to 3 Vs The State of Tamilnadu, Rep by the Inspector of Police, Eruvadi Police Station, Tirunelveli District.

(Crime No.225 of 2025) ... Respondent/Complainant For Petitioners : Mr.C.Susikumar For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.225 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 26.07.2025 for the offences punishable under Sections 127(2), 103(1) of BNS in Crime 1/5

No.225 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the deceased Suvikaran is the defactocomplainant's husband's own brother. He is residing adjacent to her house with his wife and son. On 24.07.2025 at about 11.00p.m. the deceased entered quarrel with his wife in a drunken mode and he is stating that he is having affair with one Chitra and wants to lead his life with her and also threatened the second petitioner to vacate the house. The deceased started to damage the house by using wooden log, having infuriated over the same, all the petitioners herein were assaulted the deceased with spade stick and ties his hands. Due to which, he become unconscious and later he died. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the respondent police lodged a false complaint against these petitioners. The petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. This petitioners are ready and willing to abide by any conditions that may be imposed by this Court. He would further submit that the petitioners are in judicial custody from 26.07.2025, nearly 45 days. Hence, he seeks bail.

4. The learned Additional Public Prosecutor would submit that these petitioners were assaulted the deceased with wooden log, due to which he sustained severe injury and later died. In this case, investigation is not yet competed. 2/5

If the petitioners are released on bail, there will be a chance to threaten the witnesses and tamper the evidences. There are no previous case against these petitioners. However, 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 fact that it is the case of family dispute and 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 separate 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, Nanguneri 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 petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate, Nanguneri. [c] If the petitioners changes their residential address, they shall report the same to the learned Judicial Magistrate, Nanguneri. [d] the petitioners shall appear and sign before the respondent 3/5

police daily at 10.30a.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 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/- 09/09/2025 / TRUE COPY / /09/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1.The Judicial Magistrate, Nanguneri.

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

3.The Superintendent, Central Prison, Palayamkottai.

4.The Superintendent, Women Prison, Kokaraikulam, Tirunelveli.

5. The Inspector of Police, Eruvadi Police Station, Tirunelveli District.

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

ORDER

IN CRL OP(MD) No.14829 of 2025 Date :09/09/2025 SBN/09.09.2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5