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Madras High CourtCRL OP(MD)/15303/2025granted

Anand v. The State Of Tamil Nadu, Rep. By The Inspector Of Police,

2025-09-16Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Anand

2. Ajay ... Petitioners/ Accused Nos.3 & 5 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.Lenin Kumar 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 :- 1/5

The petitioners, who were arrested and remanded to judicial custody on 23.07.2025 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.

2. The case of the prosecution is that on 17.07.2025 at about 8.30 pm when the defacto complainant was going for duty the petitioners along with other accused armed with sickle waylaid the defacto complainant abused him in filthy language, attacked him with sickle due to which he sustained injuries and succumbed . Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent person and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are in judicial custody from 23.07.2025 and some of the accused were granted bail by this Court as well by the lower court. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that petitioners along with other accused armed with sickle waylaid the defacto complainant abused him in filthy language, attacked him with sickle due to which he sustained injuries and 2/5

succumbed. However, 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 period of incarceration suffered by the petitioners and also the fact that some of the accused were granted bail by this Court as well as by the lower court, 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 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 3/5

[c] If the petitioners changes their residential address, they shall report the same to the learned Judicial Magistrate, Thiruvaiyaru [d] the petitioners shall report before the respondent police, daily at 10.30 a.m., until further orders. 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]. 4/5

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 16/09/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

aav To

1. The Judicial Magistrate, Thiruvaiyaru

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

3. The Superintendent, District Jail, Pudukottai

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-10151[I] dated 16/09/2025 )

ORDER

IN CRL OP(MD) No.15303 of 2025 Date :16/09/2025 HPS/16.09.2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5