Maharajan @ Kottura Maharajan v. The State Of Tamilnadu Rep. By

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.17351 of 2025 Maharajan @ Kottura Maharajan ... Petitioner/Accused No.6 Vs The State of Tamilnadu, Rep by the Inspector of Police, Seethaparpanallur Police Station, Tirunelveli District.

(Crime No.135 of 2018) ... Respondent/Complainant For Petitioner : Mr.C.Venkatesh For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in connection with the case in S.C.No.854 of 2023 on the file of the learned Chief Judicial Magistrate, Tenkasi, in Crime No.135 of 2018 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 23.07.2025 for the offences punishable under Sections 147, 148, 294(b), 307, 324 and 149 of IPC, in Crime No.135 of 2018 in S.C.No.854 of 2023 before the learned Chief Judicial Magistrate, Tenkasi.

2. The case of the prosecution is that the defacto complainant tried to catch the petitioner and other accused persons, who had snatched a chain from a woman. At that time, the petitioner, along with the other accused persons, abused the defacto complainant in filthy language and attacked him with a sickle, causing injuries. 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 23.07.2025. Hence, he seeks bail to the petitioner.

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4. The learned Additional Public Prosecutor submitted that a nonbailable warrant was issued on 26.04.2025 and that 26 previous cases are pending against the petitioner. Therefore, he opposed for grant of bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case, including the fact that the petitioner had jumped bail and has 26 previous cases, 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 Chief Judicial Magistrate, Tenkasi, 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. 3/6

[b] the petitioner shall report before the Trial Court daily at 10.30 a.m. and 5.30 p.m., until further orders. [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 Chief Judicial Magistrate, Tenkasi.

2. The Superintendent, Central Prison, Palayamkottai, Tirunelveli District.

3. The Inspector of Police, Seethaparpanallur 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.17351 of 2025 Date : 10.10.2025 6/6