Kishore v. The State Of Tamilnadu, Rep. By The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.18796 of 2025 Kishore ... Petitioner / Sole Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Chinnamanur Police Station, Theni District.

(Crime No.412 of 2025) ... Respondent/Complainant For Petitioner : Mr.C.Mayil Vahana Rajendran For Respondent : Mr.S.S.Manoj Government Advocate(Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.412 of 2025 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 29.09.2025 for the offences punishable under Sections 296(b), 118(1) and 351(3) of BNS @ 296(b) and 103(1) of BNS correspondence under 1/4

Sections 294, 324 and 503 of IPC @ correspondence Section 294 and 302 of IPC, in Crime No.412 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner and the husband of the defacto complainant were consuming alcohol together. After consuming alcohol, a quarrel arose between them, at that time, the petitioner assaulted and pushed the husband of the defacto complainant and subsequently he died. Hence, this 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 the petitioner is in judicial custody from 29.09.2025. Hence, he seeks bail to the petitioner.

4. The learned Government Advocate(Crl. side) submitted that the petitioner has no previous cases. However, he opposed for grant of bail to the petitioner.

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5. Taking into consideration of the facts and circumstances of the case and the petitioner is having no previous cases 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, Uthamapalayam 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 at 10.30 a.m., for a period of two weeks and thereafter as and when required; [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.

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S.SRIMATHY,J.

PJL [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.

30.10.2025 PJL To

1. The Judicial Magistrate, Uthampalayam.

2. The Superintendent, District Prison, Theni.

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

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

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