S.Prakash v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.16639 of 2025

1. S.Prakash

2. M.Santhosh ... Petitioners/ Accused Nos.1 & 2 Vs The State of Tamilnadu, Rep by the Inspector of Police, Pasupathipalayam Police Station, Karur District.

(Crime No.64 of 2025) ... Respondent/Complainant For Petitioners : Mr.R.Jeya Murugan For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.64 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 16.03.2025 for the offences punishable under Sections 49, 61(2), 103(1), 103(2), 109(1), 191(2), 296(b), 238 and 351(3) of BNS, in Crime No. 64 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that, due to a wordy quarrel, the petitioners, along with other accused persons, abused the deceased in filthy language, assaulted him with a billhook, and caused injuries to his right chest, which led to his death. 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 16.03.2025. Hence, he seeks bail to the petitioner.

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4. The learned Additional Public Prosecutor submitted that A-1 has two previous cases, A-2 has five previous cases. He further submitted that the investigation has been completed.

5. Taking into consideration the fact that even though A-1 and A-2 have previous cases, the charge sheet has already been filed 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 Judicial Magistrate No.I, Karur, 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. They have to 3/6

co-operate for the investigation.

[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 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.

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To

1. The Judicial Magistrate No.I, Karur.

2. The Superintendent, Central Jail, Trichy.

3. The Inspector of Police, Pasupathipalayam Police Station, Karur District.

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

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S.SRIMATHY,J.

jbr

ORDER

IN CRL OP(MD) No.16639 of 2025 Date : 26.09.2025 6/6