Arun @ Arunkumar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Arun @ Arunkumar, S/o.Subramanian,

2. Manoj, S/o.Sekar,

3. Ramani, (*)S/o.Pechimuthu ... Petitioners/ Accused Nos.4, 6 & 7 Vs The State of Tamilnadu, Rep by the Inspector of Police, Thogur Police Station, Thanjavur District.

(Crime No.67 of 2025) ... Respondent/Complainant For Petitioners : Mr.T.Leninkumar For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.67 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 18.07.2025 for the offences punishable under Sections 191(3), 126(2), 296(b) & 109 @ 103 of BNS in Crime No.67 of 2025 on the file of the respondent police, seek bail. 1/5

2. The case of the prosecution is that the defacto-complainant's husband was worked as TNSTC Dirver. On 17.07.2025, the defacto-complainant and her husband went to bus stand, at that time, the petitioners along with other accused persons armed with sickle and waylaid the defacto-complainant's husband and abused him with filthy language and attacked him with sickles. When the defacto-complainant attempted to rescue her husband, the accused threatened the defacto-complainant with dire consequences and thereafter they fled away from the scene of occurrence. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. The petitioners are 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 18.07.2025, nearly 54 days. Hence, he seeks bail.

4. The learned Additional Public Prosecutor submitted that due to civil dispute, this petitioner and others were waylaid the defacto-complainant's husband and attacked him with sickle, due to which he succumbed with severe injuries and died on 20.07.2025. There are totally seven accused persons, these petitioners are arrayed as Accused Nos.4,6 and 7. In this case, investigation is still pending. If the petitioners are released on bail, they may threaten the witnesses and tamper the 2/5

evidences. Hence, he opposed for grant of bail to the petitioners.

6. Taking into consideration of the facts and circumstances of the case and also considering the fact that date of occurrence happened on 17.07.2025, these petitioner are arrested and remanded into judicial custody on 18.07.2025, by this time most of the investigation might have been completed 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:

7. 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, Thiruvaiyaru 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, Thiruvaiyaru [c] If the petitioners changes their residential address, they shall report the same to the learned Judicial Magistrate, Thiruvaiyaru. [d] the petitioners shall appear before the respondent police daily 3/5

at 10.30a.m. until further orders and they have to co-operate for the investigation.

[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/- 10/09/2025 (*)AMENDED AS PER THE ORDER OF THIS HON'BLE COURT IN CRL MP (MD)No.12342 of 2025 DATED 11/09/2025.

/ TRUE COPY / 11/09/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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gvn To (*)TO BE SUBSTITUTED WITH THE ORDER DATED 10/09/2025 ALREADY DESPATCHED

1. The Judicial Magistrate, Thiruvaiyaru.

2. Do Through The Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

3. The Superintendent, Sub Jail, Thanjavur.

4. The Inspector of Police, Thogur Police Station, Thanjavur District.

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

+1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-9946[I] dated 11/09/2025 )

ORDER

IN CRL OP(MD) No.14922 of 2025 Date :10/09/2025 SBN/10.09.2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5