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Madras High CourtCRL OP(MD)/16263/2025partly allowed

Neethirajan v. The State Of Tamilnadu Rep. By

2025-09-25Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD). No.16263 of 2025

1. Neethirajan

2. Esakkidurai @ Vijay

3. Periyasamay ... Petitioners/ Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Alangulam Police Station, Tenkasi District.

(Crime No.491 of 2025) ... Respondent/Complainant For Petitioners : Mr.R.Muthuram For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.491 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The 1st petitioner, who was arrested and remanded to judicial custody on 29.08.2025 and the petitioners 2 and 3, who were arrested and remanded to judicial custody on 03.09.2025 for the offences punishable under Sections 296(b), 115(2), 118(1), 109(1), 351(3), of BNS, in Crime No.491 of 2025 on the file of the respondent police. seek bail.

2. The case of the prosecution is that due to previous motive in damaging the photo of Suresh kannan in the flex board and also election motive, the petitioners along with other accused persons have abused the defacto complainant in filthy language and attacked them with hands and caused injuries. 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 he seeks permission of this Court to withdraw this petition in respect of 1st petitioner and he has also made an endorsement to that effect. He further submitted that the petitioners 2 and 3 are ready and willing to abide by 2/6

any conditions which may be imposed by this Court and they are in judicial custody from 03.09.2025. Hence, he seeks bail to the petitioners 2 and 3.

4. The learned Additional Public Prosecutor submitted that there is no previous case pending as against the petitioners 2 and 3 and the injured person has been discharged from the hospital. He further submitted that Goondas Act was proposal is pending against the 1st petitioner. Hence, he opposed for grant of bail to the petitioners 2 and 3.

5. Taking into consideration of the facts and circumstances of the case and also the fact that the endorsement made by the learned counsel for the petitioners, this Criminal Original Petition is dismissed as withdrawn in respect of the 1st petitioner. Further, consideration the period of incarceration suffered by the petitioners 2 and 3, this Court is inclined to grant bail to the petitioners 2 and 3, subject to the following conditions:

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6. Accordingly, the petitioners 2 and 3 are ordered to be released on bail on executing a separate 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 Court, Alangulam, Tenkasi 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 petitioners 2 and 3 shall appear before the respondent police daily at 10.30 a.m., until further orders. [c] the petitioners 2 and 3 shall not abscond either during investigation or trial.

[d] the petitioners 2 and 3 shall not tamper with evidence or witness 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 the petitioners 2 and 3 in accordance with law as if the conditions have been imposed and the petitioners 2 4/6

and 3 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.

7. This petition is dismissed as withdrawn as far as the 1st petitioner is concerned.

(S S Y J) 25.09.2025 msrm To

1. The learned Judicial Magistrate Court, Alangulam, Tenkasi District.

2. The Superintendent, Central Prison, Palayamkottai.

3. The Inspector of Police, Alangulam Police Station, Tenkasi District.

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

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S.SRIMATHY,J.

msrm

ORDER

IN CRL OP(MD) No.16263 of 2025 Date : 25.09.2025 6/6