Nanthakumar v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY
1. Nanthakumar
2. Vimalraj
3. Suryaprakash
4. Balakrishnan ... Petitioners/ Accused Nos.1, 3, 4 & 5 Vs The State of Tamilnadu, Rep by the Inspector of Police, Srirangam Police Station, Trichy District.
(Crime No.1019 of 2024) ... Respondent/Complainant For Petitioners : Mr.D.S.Haroon Rasheed For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/4
PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.1019 of 2024 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 24.09.2024 for the offences punishable under Sections 296(b), 191(2), 191(3), 103(2), 109(1), 118(1), 190 and 126(2) of BNS, altered into Section 296(b), 191(2), 191(3), 103 (2), 109(1), 118(1), 190, 126(2) and 61 of BNS, in Crime No. 1019 of 2024 on the file of the respondent police, seek bail.
2. The case of the prosecution is that due to previous enmity, the petitioner along with other accused persons assaulted the defacto complainant's husband and caused severe injuries, as a result the deceased died on the spot. 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. He further submitted that A-2 has already been granted bail and that the petitioners are in judicial custody from 24.09.2024. Hence, he seeks bail to the petitioners.
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4. The learned Additional Public Prosecutor submitted that A-1 has two previous cases, A-3 has eight previous cases, A-4 has ten previous cases and A-5 has five previous cases. Therefore, he opposed for grant of bail to the petitioners.
5. Taking into consideration the fact that A-2 has already been granted bail and also 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 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 District Munsif cum Judicial Magistrate, Srirangam, 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 trial Court daily at 10.30 a.m., until further orders.
[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 3/4
the petitioner in accordance with law as if the conditions have been 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/- 15/09/2025 / TRUE COPY / /09/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.
jbr To
1. The District Munsif cum Judicial Magistrate, Srirangam.
2. Do through the Chief Judicial Magistrate, Trichy.
3. The Superintendent, District Prison, Pudukkottai.
4. The Inspector of Police, Srirangam Police Station, Trichy District.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.
ORDER
IN CRL OP(MD) No.15202 of 2025 Date :15/09/2025 PS/SAR.15.09.2025 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4