Chinnasamy v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.17610 of 2025 Chinnasamy ... Petitioner/ Accused No.1 Vs The State of Tamilnadu, Rep by the Inspector of Police, Royappanpatti Police Station, Theni District.

(Crime No.236 of 2025) ... Respondent/Complainant For Petitioners : Mr.S.Ramsundarvijayaraj For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor : Mr.K.Bairavan for the defacto complainant PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.236 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 27.08.2025 for the offences punishable under Sections 103(1) and 49 of BNS, in Crime No.236 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to enmity with regard to the allocation of quarry, the accused persons stabbed the defacto complainant's elder brother, Satheesh in the neck with a knife. When the incident was questioned, the accused persons threatened the defacto complainant with dire consequences. 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 co-accused had already been granted bail by this Court in Crl.OP(MD).Nos.16351/2025, 15880/2025, 16599/2025 & 14493/2025 dated 07.10.2025, 22.09.2025, 26.09.2025 & 15.09.2025 respectively. He further submitted that the 2/6

petitioner is in judicial custody from 27.08.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner has no previous cases. However, he opposed for grant of bail to the petitioner.

5. The learned counsel for the Defacto complianant/Intervenor submitted that the petitioner along with other accused persons have attacked the defacto complainant and his brother and caused injuries. Hence, he strongly opposed for grant of bail to the petitioner.

6. Taking into consideration of the facts and circumstances of the case 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

each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Uthampalayam, 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 thrice ie., at 10.30 a.m., 01.00 p.m., and 05.30 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 4/6

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.

22.10.2025 PJL To

1. The Judicial Magistrate, Uthamapalayam.

2. The Superintendent, District Prison, Theni.

3. The Inspector of Police, Royappanpatti Police Station, Theni District.

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

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S.SRIMATHY,J.

PJL

ORDER

IN CRL OP(MD) No.17610 of 2025 Date : 22.10.2025 6/6