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Madras High CourtCRL OP(MD)/17352/2025granted

A.Kutties @ Sundaram v. The State Of Tamil Nadu

2025-10-16Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Dated : 16.10.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.17352 of 2025 A.Kutties @ Sundaram ... Petitioner Vs.

The State of Tamil Nadu, Rep. By the Inspector of Police, Ganesh Nagar Police Station, Pudukkottai District.

(Crime No.229 of 2025) ... Respondent For Petitioner : Mr.S.Krishnan For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS, 2023. PRAYER :- For Bail in Cr.No. 229 of 2025 on the file of the respondent police.

ORDER: The Court made the following order :- The petitioner/Accused No.3, who was arrested and remanded to judicial custody on 10.09.2025 for the offences punishable under Sections 109(1), 1/5

126(2), 296(b), 324(4) and 351(3) of BNS in Crime No. 229 of 2025, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 08.09.2025, due to previous enmity between the petitioner and the defacto complainant, the petitioner along with other accused persons damaged the motor cycle belonged to the defacto complainant, assaulted him with sword and caused grievous injuries to him. Hence, the present case.

3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he has been arrested and he is languishing in jail from 10.09.2025. Therefore, he prays for grant of bail.

4. The learned Additional Public Prosecutor appearing for the respondent police would submit that the injured has been discharged form the hospital. However, he opposed to grant bail.

5. Considering the facts and circumstances of the case and considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner on certain conditions. 2/5

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 No.I, Pudukkottai, and on further conditions that, a)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; b)the petitioner shall stay at Ramanathapuram and shall appear and report before the Ramanathapuram Police Station Police daily morning at 10.30 a.m., until further orders;

c)the petitioner shall not tamper with evidence or witness; d)the petitioner shall not abscond during trial; e)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the 3/5

petitioner in accordance with law as if the conditions have been imposed and the petitioner 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 of BNS.

16.10.2025 KSA TO 1.The Judicial Magistrate No.I, Pudukkottai.

2. The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai District. 3.The District Prison, Pudukkottai.

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

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S.SRIMATHY,J KSA

ORDER

IN CRL OP(MD) No.17352 of 2025 Date : 16.10.2025 5/5