M.Muthuraja @ Muthu v. The State Of Tamilnadu, Represented By The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY M.Muthuraja @ Muthu, S/o.Manikkalai, ... Petitioner/ Accused No.1 Vs The State of Tamilnadu, Rep by the Inspector of Police, Odaipatti Police Station, Theni District.

(Crime No.100 of 2025) ... Respondent/Complainant For Petitioner : M/s.B.Bhuvaneshvari For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.100 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 12.07.2025 for the offences punishable under Sections 296(b), 127(2), 115(2), 118(1) and 105 of BNS Act 2023 in Crime No.100 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to previous enmity the Accused 1/5

Nos.1 to 4 waylaid the defacto-complainant's son and stomped the deceased and quarrelled with the deceased. The deceased ran away from the spot and the accused persons chased the deceased and suddenly he fell down in the well and drowned in the well, he was taken to the hospital and there he was declared dead. Hence, the complaint.

3. The learned counsel for the petitioner would submit that there are totally four accused, this petitioner was arrayed as Accused No.1. This petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 12.07.2025, nearly 60 days. Hence, he seeks bail.

4. The learned Additional Public Prosecutor submitted that due to previous enmity, this petitioner and other accused persons waylaid the defacto-complainant's son and trying to attack him, he ran away from the spot and the accused persons chased the deceased and all of sudden he fell down in the well and drowned in the well and died. In this case, investigation is still pending, there is no previous case against the petitioner. If the petitioner is released on bail, he would abscond and he may not appear before the Court and he may threaten the witnesses. Hence, he opposed for grant of bail to the petitioner.

2/5

5. Taking into consideration of the facts and circumstances of the case and also the fact that the occurrence was happened on 12.07.2025, the petitioner was arrested and remanded into judicial custody on 12.07.2025, at this time most of the investigation might have been completed and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Uthamapalayam, 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 petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Uthamapalayam. [c] If the petitioner changes his residential address, she shall report the same to the learned Judicial Magistrate, Uthamapalayam [d] the petitioner shall report before the respondent police weekly once i.e., on every Monday at 10.30 a.m., until further orders. 3/5

[e] the petitioner shall not abscond either during investigation or trial.

[f] the petitioner 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 petitioner 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/- 10/09/2025 / TRUE COPY / 10/09/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

gvn To

1. The Judicial Magistrate, Uthamapalayam.

4/5

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

3. The Superintendent, Thekkampatti Jail, Theni.

4. The Inspector of Police, Odaipatti Police Station, Theni District.

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

ORDER

IN CRL OP(MD) No.14834 of 2025 Date :10/09/2025 SBN/10.09.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5