Maharajan v. The State Of Tamil Nadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.17409 of 2025 Maharajan ... Petitioner/ Accused No.8 Vs The State of Tamilnadu, Rep by the Inspector of Police, Palayamkottai Police Station, Tirunelveli District.

(Crime No.725 of 2024) ... Respondent/Complainant For Petitioner : Mr.V.Karthirvelu, Standing Counsel for Mr.K.Prabhu For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.725 of 2024 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 20.01.2025 for the offences punishable under Sections 126(2), 269(b), 103(2), 61(2), 49, 3(5) and 351(3) of BNS, in Crime No.725 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to previous enmity, the petitioner along with other accused persons abused the defacto complainant's brother and father in filthy language and also assaulted his brother with knife. Thereby, his brother sustained grievous injuries and subsequently died. 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. He further submitted that the petitioner is in judicial custody from 20.01.2025. Hence, he seeks bail to the petitioner.

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4. The learned Additional Public Prosecutor submitted that there are three previous cases pending against the petitioner. He further submitted that the investigation is still in progress. Therefore, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the fact that the co-accused has already been granted bail and also 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 learned III Additional Sessions Judge, Tirunelveli, and on further conditions that :- [a] the petitioner 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 petitioner shall report before the respondent police as and when required for interrogation. He has to 3/6

co-operate for the investigation.

[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial. [d] the petitioner 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.

(S S Y J) 13.10.2025 jbr 4/6

To

1. The III Additional Sessions Judge, Tirunelveli,

2. The Superintendent, Central Prison, Palayamkottai.

3. The Inspector of Police, Palayamkottai Police Station, Tirunelveli 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.17409 of 2025 Date : 13.10.2025 6/6