Balaguru v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY
1. Balaguru
2. Aadhavan ... Petitioners/ Accused Nos.1 & 7 Vs The State of Tamilnadu, Rep by the Inspector of Police, Gandharvakottai Police Station, Pudukkottai District.
(Crime No.190 of 2025) ... Respondent/Complainant For Petitioners : Mr.M.Maharaja For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.190 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- 1/5
The petitioners, who were arrested and remanded to judicial custody for the offences punishable under Sections 191(2), 191(3), 296(b), 115(2), and 109 of BNS,2023, in Crime No.190 of 2025 on the file of the respondent police, seek bail.
2. The case of the prosecution is that due to previous enmity, the petitioners are said to have attacked the defacto complainant and his son with an iron rod and caused injuries. 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. Hence, he seeks bail to the petitioner.
4. The learned Additional Public Prosecutor submitted that it is a case and counter case. He further submitted that the injured has been discharged from the hospital. However, he opposed for grant of bail to the petitioners.
5. Taking into consideration of the facts and circumstances of the case and considering the fact that the injured has been discharged from the hospital and also considering the period of incarceration suffered by the petitioners, this Court is 2/5
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, Gandharvakottai, 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 petitioners shall report before the respondent police 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 3/5
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.
jbr TO 1 The Judicial Magistrate, Gandharvakottai.
2 Do Through The Chief Judicial Magistrate, Pudukkottai District.
3 The Officer Incharge, District Jail, Pudukkottai.
4 The Inspector of Police, Gandharvakottai Police Station, Pudukkottai District.
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5 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.14689 of 2025 Date :04/09/2025 NM/04.09.2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5