Amaithi 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.16599 of 2025 1.Amaithi

2. Balamurugan @ Allibaba ... Petitioners/ Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Rayappanpatti Police Station, Theni District.

(Crime No.236 of 2025) ... Respondent/Complainant For Petitioners : Mr.K.Prakash For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For Intervenor : Mr.M.Maharaja PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.236 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 27.08.2025 for the offences punishable under Sections 103(1) & 49 of BNS, in Crime No.236 of 2025 on the file of the respondent police. seek bail.

2. The case of the prosecution is that due to enmity with regard to the allocation of quarry, the accused persons stabbed the defacto complainant's elder brother, Satheesh in the neck with a knife. When the incident was questioned, the accused persons threatened the defacto complainant with dire consequences. 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 coaccused had already been granted bail by this Court in Crl.OP(MD).No. 15880 of 2025 dated 22.09.2025. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court and they are in judicial custody from 2/6

27.08.2025. Hence, he seeks bail to the petitioners.

4. The learned Additional Public Prosecutor submitted that there is no previous case pending as against the petitioners and the investigation is still pending. Hence, he opposed for grant of bail to the petitioners.

5. The learned counsel for the Intervenor submitted that the petitioners along with other accused persons have attacked the defacto complainant and his brother and caused injuries. Hence, he strongly opposed for grant of bail to the petitioners.

6. Taking into consideration of the facts and circumstances of the case and also consideration the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners, subject to the following conditions:

7. Accordingly, the petitioners 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 3/6

of the learned Judicial Magistrate, Uthamapalayam, Theni, 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 1st petitioner shall stay at Trichy and report before the Inspector of Police, Cantonment Police Station, daily at 10.00 a.m., and 05.00 p.m., until further orders. The 2nd petitioner shall stay at Paramakudi and report before the Inspector of Police, Paramakudi Police Station, daily at 10.00 a.m., and 05.00 p.m., until further orders.

[c] the petitioners shall not abscond either during investigation or trial.

[d] the petitioners 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 4/6

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.

(S S Y J) 26.09.2025 msrm To

1. The learned Judicial Magistrate, Uthamapalayam, Theni.

2. The Superintendent, District Jail, Thekkampatti, Theni.

3. The Inspector of Police, Rayappanpatti Police Station, Theni District.

4. The Inspector of Police, Cantonment Police Station, Trichy.

5. The Inspector of Police, Paramakudi Police Station, Paramakudi.

6. 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.16599 of 2025 Date : 26.09.2025 6/6