Mukilan v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.17837 of 2025 Mukilan ... Petitioner/Accused No.5 Vs The State of Tamilnadu, Rep., by the Inspector of Police, Lalgudi Police Station, Trichy District.

(Crime No.695 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.B.Kayvin Prince For Respondent : Mr.S.S.Manoj Government Advocate (Crl. side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.695 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 01.09.2025 for the offences punishable under Sections 191(2), 191(3), 296(b), 115(2) and 103(1) of BNS, in Crime No.695 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 31.08.2025, in the Vinayagar procession, there was a wordy quarrel arose between the defacto complainant's brother and the accused persons, due to which A1 slapped the brother of the defacto complainant and attacked him with iron roller on his chest and other accused kicked the brother of the defacto complainant on his chest and A2 attacked with illaneer Koodu on his chest and subsequently, the brother of the defacto complainant died. 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 01.09.2025. Hence, he seeks bail to the petitioner. 2/6

4. The learned Government Advocate (Crl. Side) submitted that the petitioner has no previous cases and the co-accused was already granted bail. However, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and the co-accused was already granted bail, 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) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Lalgudi, 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;

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[b] the petitioner shall report before the respondent police daily at 10.30 a.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.

31.10.2025 PJL 4/6

To

1. The Judicial Magistrate, Lalgudi.

2. The Superintendent, Central Prison, Trichy.

3. The Inspector of Police, Lalgudi Police Station, Trichy 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.17837 of 2025 Date : 31.10.2025 6/6