Christhuvaraj @ Bonda v. The State Of Tamilnadu, Rep. By The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.17775 of 2025 Christhuvaraj @ Bonda ... Petitioner/ Accused No.2 Vs The State of Tamilnadu, Rep by the Inspector of Police, Naducauvery Police Station, Thanjavur District.

(Crime No.152 of 2025) ... Respondent/Complainant For Petitioner : Mr.K.M.Karunakaran For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.152 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 02.06.2025 for the offences punishable under Sections 191(2), 191(3), 296(b), 118(1), 103, 127(2), 351(3), 303(2) of BNS, in Crime No.152 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that when the defacto complainant's husband namely, Vijay along with his friends went near wine shop, at the bypass road in Palliagraharam, the petitioner and other accused persons made a quarrel with them and A1 stabbed on the neck of the victim with knife and A3, A4 & A5 attacked the victim with beer bottle and though the victim was taken to hospital and he succumbed to death due to 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 offence as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 02.06.2025. Hence, he seeks bail to the petitioner. 2/6

4. The learned Additional Public Prosecutor submitted that the petitioner has no previous cases. He further submitted that the petitioner is having one previous case and A2 & A6 were released on bail and charge sheet has also been filed and the same was taken on file as PRC.No.41 of 2025. However, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and though the petitioner is having one previous case, charge sheet has been filed and 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) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Thiruvaiyaru, and on further conditions that :- 3/6

[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 trial Court as and when required by the trial Judge; [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 4/6

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.

15.10.2025 PJL To

1. The Judicial Magistrate, Thiruvaiyaru.

2. The Superintendent, Central Prison, Trichy.

3. The Inspector of Police, Naducauvery Police Station, Thanjavur 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.17775 of 2025 Date : 15.10.2025 6/6