Bala @ Balakrishnan 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. Bala @ Balakrishnan, S/o.Sundaraj,
2. Naveenkumar, S/o.Mani ... Petitioners/ Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Austinpatti Police Station, Madurai District.
(Crime No.70 of 2025) ... Respondent/Complainant For Petitioners : Mr.S.S.Sundarapandian For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.70 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 29.03.2025 for the offences punishable under Sections 103 of BNS @ 103, 191(2), 191 (3), 190, 127(2), 61(2) and 49 of BNS in Crime No. 70 of 2025 on the file of the 1/5
respondent police, seek bail.
2. The case of the prosecution is that the defacto-complainant is the wife of the deceased Kaleeswaran. The defacto-complainant's mother-in-law viz., Panchavarnam is the own sister of the one V.K.Gurusamy, many criminal cases are pending against the defacto-complainant's husband. While so, on 20.03.2025 at about 8.30p.m., the defacto-complainant's husband left from his house for purchase, at that time the defacto-complainant's husband was murdered by the accused persons and he died with many cut injuries. 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 29.03.2025, nearly 164 days. Hence, he seeks bail.
4. The learned Additional Public Prosecutor would submit that these petitioners and others were murdered the defacto-complainant's husband namely Kaleeswaran. It is the case of gang war, 16 persons were involved in the said case. In this case, investigation was completed charge sheet has been filed and the same was taken on file in PRC.No.78 of 2025 on the file of Judicial Magistrate, 2/5
Thirumangalam. If the petitioners are released on bail, there will be a chance to retaliation murder. The first petitioner is having seven previous cases. 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 fact that in this case, investigation completed, charge sheet has been filed and the same was taken on file in PRC.No.78 of 2025 on the file Judicial Magistrate, Thirumangalam 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 Principal Sessions Court, Madurai 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 Principal Sessions Court, Madurai. [c] If the petitioners changes their residential address, they shall 3/5
report the same to the Principal Sessions Court, Madurai. [d] the first petitioner shall stay at Virudhachalam, Cuddalore District and he shall appear and sign before the Inspector of Police, Virudhachalam Town Police Station daily at 10.30a.m. until further orders.
[e] the second petitioner shall stay at Madurai and he shall appear and sign before the Inspector of Police, Tallakulam Police Station, Madurai daily at 10.30a.m. until further orders. [f] the petitioners shall not abscond either during investigation or trial.
[g] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[h] 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]. 4/5
[i] 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.
gvn To:-
1. The Principal Sessions Judge, Madurai.
2. The Superintendent, Central Prison, Madurai.
3. The Inspector of Police, Austinpatti Police Station, Madurai District.
4. The Inspector of Police, Virudhachalam Town Police Station, Cuddalore District.
5. The Inspector of Police, Tallakulam Police Station, Madurai.
6. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER IN CRL OP(MD) No.14766 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