Chithiraivelu v. State Of Tamilnadu Rep By Inspector Of Police, Avudaiyarkoil

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Chithiraivelu, S/o.Nallathambi, ... Petitioner/ Accused No.4 Vs The State of Tamilnadu, Rep by the Inspector of Police, Avudaiyarkovil Police Station, Pudukottai District.

(Crime No.104 of 2025) ... Respondent/Complainant For Petitioner : M/s.Dr.R.Alagumani For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.104 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 18.08.2025 for the offences punishable under Sections 109(1), 118(1), 127(3), 140(3), 1/6

142, 192, 351(3) of BNS Act, 2023 in Crime No.104 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 24.07.2025, two persons namely Kannan and Karthick were murdered on account of previous enmity. On 25.07.2025, on the pretext that the defacto-complainant had furnished the information regarding the deceased to the assailants. The petitioner along with other accused persons kidnapped the defacto-complainant and they have wrongfully confined him in a room near Devakottai for more than seven days, and subjected him to assault with hands, wooden logs and belts. The accused persons coerced the defacto-complainant to give a statement as dictated by them, recorded the same in a video and compelled him to depose before the police by falsely implicating certain other persons in the said murder case. Hence, the complaint.

3. The learned counsel for the petitioner would submit that 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 18.08.2025, nearly 23 days. Hence, he seeks bail. 2/6

4. The learned Additional Public Prosecutor would submit that this petitioner and other accused persons kidnapped the defacto-complainant and wrongfully confined him in a room and threatened him with dire consequences. At the time of occurrence, the defacto-complainant has not sustained any injury. This petitioner is having one previous case. In this case, investigation is still pending. If the petitioner is released on bail, he may threaten the witnesses and tamper the evidences. Hence, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the fact that at the time of occurrence no one sustained injury, the occurrence happened on 25.07.2025, the petitioner was arrested and remanded into judicial custody on 18.08.2025, 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 District Munsif cum Judicial 3/6

Magistrate, Avudaiyarkovil, Pudukottai District 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 District Munsif cum Judicial Magistrate, Avudaiyarkovil, Pudukottai District [c] If the petitioner changes his residential address, she shall report the same to the learned District Munsif cum Judicial Magistrate, Avudaiyarkovil, Pudukottai District [d] the petitioner shall report before the respondent police weekly once i.e., on every Monday at 10.30 a.m., until further orders. [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 4/6

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 / /09/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

gvn TO 1 The District Munsif Cum Judicial Magistrate, Avudaiyarkovil, Pudukottai .

2 Do Through The Chief Judicial Magistrate, Pudukottai District.

3 The Superintendent, Central Prison, Trichy.

4 The Inspector of Police, Avudaiyarkovil Police Station, Pudukottai District.

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

+1 CC to M/s.DR.R.ALAGUMANI, Advocate ( SR-9821[I] dated 10/09/2025 )

ORDER

IN CRL OP(MD) No.14911 of 2025 Date :10/09/2025 NM/10.09.2025/ 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6