K. Maharajan v. The State Of Tamilnadu Rep. By

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.17865 of 2025 K.Maharajan ... Petitioner/ Accused No.1 Vs The State of Tamilnadu, Rep by the Inspector of Police, Palanichettipatti Police Station, Theni District.

(Crime No.120 of 2024) ... Respondent/Complainant For Petitioner : Mr.K.Appadurai For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.120 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 14.06.2025 for the offences punishable under Sections 147, 294(b), 109, 498(a) & 302 IPC, in Crime No.120 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to family dispute, the petitioner strangulated his wife by using coir. 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 was arrested and subsequently released on bail. Now he is in judicial custody from 27.06.2025 on another complaint given by the mother in law of the petitioner. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner has no previous cases. He further submitted that charge sheet has also been filed and the same was taken on file as SC.No.84 of 2024, 2/6

but the trial was not commenced. However, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and charge sheet has been filed and the trial not commenced 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, Theni, 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 trial Court 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];

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[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, Theni.

2. The Superintendent, District Prison, K.Vilakku, Theni.

3. The Inspector of Police, Palanichettipatti 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.17865 of 2025 Date : 15.10.2025 6/6