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Madras High CourtCRL OP(MD)/16609/2025granted

Muthukumar v. The State Of Tamil Nadu Rep.By

2025-09-26Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD). No.16609 of 2025 Muthukumar ... Petitioner/ Accused No.4 Vs The State of Tamilnadu, Rep by the Inspector of Police, S.S.Colony Police Station, Madurai District.

(Crime No.233 of 2018) ... Respondent/Complainant For Petitioner : Mr.B.Arun For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.233 of 2018 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 12.08.2025 for the offences punishable under Sections 148, 341, 302, 506(ii) and 342 IPC, in Crime No.233 of 2018 on the file of the respondent police seeks bail.

2. The case of the prosecution is that the on 01.08.2018, due to previous motive, the petitioner attacked the defacto complainant on head and shoulder using Aruval and caused multiple injury. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. At the time of hearing, the petitioner was already in judicial custody in some other criminal case. Hence, the petitioner could not appear before the trial Court. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 12.08.2025. Hence, he seeks bail to the petitioner. 2/6

4. The learned Government Advocate (Criminal Side) submitted that the investigation has been completed. However, he opposed for grant of bail to the petitioner.

5. Considering the facts and circumstances of the case and since it is a jumped out bail and 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 VI-Additional District and Sessions Judge, Madurai, 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.

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[b] the petitioner shall report before the respondent police daily at 10.30 a.m.,until further orders and he shall not hereafter miss any hearing before the trial Court. [c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner 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 in accordance with law as if the conditions have been imposed and the petitioners 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.

23.09.2025 PJL 4/6

To

1. The VI-Additional District and Sessions Judge, Madurai,

2. The Superintendent, District Prison, Theni. 3.The Inspector of Police, S.S.Colony Police Station, Madurai District.

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

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S.SRIMATHY,J.

PJL CRL OP(MD) No.16609 of 2025 Date : 23.09.2025 6/6