Chindhamani v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.18148 of 2025

1. Chindhamani

2. Uthandaraman ... Petitioners/ Accused Nos.1 & 2 Vs The State of Tamilnadu, Rep by the Inspector of Police, Murappanadu Police Station, Thoothukudi District.

(Crime No.402 of 2025) ... Respondent/Complainant For Petitioners : Mr.K.Suyambulingabharathi For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.402 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 07.10.2025 for the offences punishable under Sections 296(b), 121(1), 132, 115(2), 118(1), 351(3) of BNS and Section 3 of TNPPDL Act, in Crime No. 402 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the accused persons created problem and were drinking liquor in public place and also abused the Police official in filthy language. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent person and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are in judicial custody from 07.10.2025. Hence, he seeks bail to the petitioner.

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4. The learned Additional Public Prosecutor submitted that A-1 has five case and A-2 has four previous cases. Hence, he opposed for grant of bail to the petitioners.

5. Considering the facts and circumstances of the case and also considering the period of incarceration suffered by the second petitioner, this Court has already granted interim bail to the second petitioner till 24.10.2025, vide order, dated 17.10.2025.

6. The learned Counsel appearing for the petitioner submitted that the second petitioner has already executed bond and sureties and submitted the same before the Trial Court, based on the earlier order, dated 17.10.2025. Further, the second petitioner is complying with the conditions stated in the earlier order, dated 17.10.2025.

7. Therefore, this Court is inclined to grant bail to the second petitioner. Hence, the earlier order, dated 07.10.2025, is made absolute. The sureties already submitted before the Trial Court shall hold good. 3/7

8. As far as the first petitioner is concerned, considering the facts and circumstances of the case and also considering the period of incarceration suffered by the first petitioner, this Court this Court is inclined to grant bail to the first petitioner.

9. Accordingly, the first petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Srivaikundam, Thoothukudi District, and on further conditions that :- [a] the first 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 petitioners shall report before the respondent police daily at 10.30 a.m., and 5.00 p.m., until further orders. They have to co-operate for the investigation. [c] the petitioners shall not tamper with the evidence or witness either during investigation or trial. 4/7

[d] the petitioners 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.

(S S Y J) 27.10.2025 jbr 5/7

To

1. The Judicial Magistrate No.I, Srivaikundam, Thoothukudi District.

2. The Superintendent, Sub Jail, Srivaikundam, Thoothukudi District.

3. The Inspector of Police, Murappanadu Police Station, Thoothukudi District.

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

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S.SRIMATHY,J.

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ORDER

IN CRL OP(MD) No.18148 of 2025 Date : 27.10.2025 7/7