Ayyanar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.17149 of 2025 1.Ayyanar 2.Arunpandian ... Petitioners/ Accused Nos.1 & 2 Vs The State of Tamilnadu, Rep by the Inspector of Police, Kottampatti Police Station, Madurai District.

(Crime No.208 of 2025) ... Respondent/Complainant For Petitioners : Mr.L.Shaji Chellan For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.208 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 18.08.2025 for the offences punishable under Sections 191(2), 49, 109(1) and 103(1) of BNS, 2023, in Crime No. 208 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that defacto complainant is a married woman and she has two sons and after her husband's death, she fell in love with one Sathiskumar, which was opposed by her family members. On 16.08.2025 at about 10.30 p.m., when the defacto complainant and the said Sathiskumar was going to Trichy in a two wheeler, the petitioners and other accused dashed their car against the two wheeler, in which, the said Sathiskumar died and the defacto complainant sustained injuries. 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 18.08.2025. Hence, he seeks bail to the petitioners.

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4. The learned Additional Public Prosecutor submitted that the petitioners and the defacto complainant are family members. However, he opposed for grant of bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case 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, Melur, 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 stay at Trichy and report before the Inspector of Police, Cantonment Police Station, Trichy, daily at 10.30 a.m., until further orders. 3/6

[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 learned Judicial Magistrate, Melur.

2. The Superintendent, Central Prison, Madurai.

3.The Inspector of Police, Kottampatti Police Station, Madurai District

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

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

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S.SRIMATHY,J.

vsg

ORDER

IN CRL OP(MD) No.17149 of 2025 Date : 23.10.2025 6/6