Mariappan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Mariappan ... Petitioner/Accused Vs The State of Tamil Nadu, Rep By,The Inspector of Police, Authoor Police Station, Authoor, Thoothukudi District.

(Crime No.237 of 2024) ... Respondent/Complainant For Petitioner : Mr.N.Pragalathan Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor For Intervenor : Mr.J.Joseph PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in S.C.No.144 of 2025 on the file of the 1st Additional District and Sessions Court, Thoothukudi, in Crime No.237 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 27.12.2024 for the offences punishable under Sections 109(1), 296(b), 118(1), 118(2) of BNS, in S.C.No.144 of 2025 on the file of the 1st Additional District and Sessions Court, Thoothukudi, in Crime No.237 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused persons had attacked the defacto complainant with Aruval and caused 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 there was a money transaction between them, a false case has been given. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 27.12.2024. Hence, he seeks bail to the petitioner. 2/6

4. The learned Additional Public Prosecutor submitted that there are 12 previous cases pending against the petitioner and the injured person has been discharged from the hospital. He further submitted that the investigation has been completed and the charge sheet has also been filed. However, he opposed for grant of bail to the petitioner. 5.The learned counsel for the Intervenor/defacto complainant submitted that the defacto complainant was taken treatment for more than 15 days and there are 12 previous cases pending against the petitioner. Hence, he vehemently opposed for grant of bail to the petitioner.

6. Taking into consideration of the facts and circumstances of the case and the fact that the injured person has been discharged from the hospital 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:

7. 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) 3/6

with two sureties, each for a like sum to the satisfaction of the learned I Additional District and Sessions Court, Thoothukudi, and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall stay at Trichy and report before the Inspector of Police, Cantonment Police Station, daily at 10.30 a.m., and 05.30 p.m., until further orders. Further, the petitioner shall appear before the trial Court on all hearing dates without fail. [c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness 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 released on 4/6

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) 27.10.2025 msrm To

1. The learned I Additional District & Sessions Court, Thoothukudi.

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

3. The Inspector of Police, Authoor Police Station, Authoor, Thoothukudi 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.

msrm

ORDER

IN CRL OP(MD) No.17553 of 2025 Date :27.10.2025 6/6