Sabareeswaran @ Sabari v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.17292 of 2025 Sabareeswaran @ Sabari ... Petitioner/Accused No.5 Vs The State of Tamilnadu, Rep by the Inspector of Police, Thanjavur Taluk Police Station, Thanjavur District.

(Crime No.633 of 2025) ... Respondent/Complainant For Petitioner : Mr.B.Jammelarasu For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.633 of 2025 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 19.09.2025 for the offences punishable under Sections 103, 191(2), 191(3) of BNS @ 103, 190, 191(2), 191(3), 3(5) and 61(2) of BNS, in Crime No.633 of 2025 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 person attacked the defacto complainant's son, as a result of which he died on the spot. 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 19.09.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that petitioner along with other accused person attacked the defacto 2/6

complainant's son, as a result of which he died on the spot. Therefore, he opposed for grant of bail to the petitioner.

5. Taking into consideration the fact that the co-accused has already been released on 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 Judicial Magistrate Court No.II, Thanjavur, 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 daily at 10.30 a.m., until further orders. 3/6

[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) 10.10.2025 jbr 4/6

To

1. The Judicial Magistrate Court No.II, Thanjavur.

2. The Superintendent, Central Prison, Trichy.

3. The Inspector of Police, Thanjavur Taluk Police Station, Thanjavur District.

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

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S.SRIMATHY,J.

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ORDER

IN CRL OP(MD) No.17292 of 2025 Date : 10.10.2025 6/6