Vadaimurugan @ Murugan @ Murugesan v. The State Of Tamilnadu, Rep. By The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04.11.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.19342 of 2025 Vadaimurugan @ Murugan @ Murugesan ... Petitioner/ A13 Vs The State of Tamilnadu, Rep by the Inspector of Police, Avaniyapuram Police Station, Madurai District.

(Crime No.230 of 2010) ... Respondent/Complainant For Petitioner : Ms.A.S.Rajeswari For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.230 of 2010 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 02.08.2025 for the offences punishable under Sections 147, 148, 449, 324, 307, 120(b), 302 r/w 149 r/w 109 of IPC in Crime No.230 of 2010 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 23.04.2010, the petitioner /A13 along with other accused went to the deceased's shop and attacked him with deadly weapons and subsequently he died for which a case was registered in Crime No.230 of 2010. After completing the investigation, the respondent police filed charge sheet before the learned VI-Additional District and Sessions Judge, Madurai, and the same is pending trial. On one hearing, the petitioner was not appeared before the trial Court. Hence, he was arrested on 02.08.2025 based on NBW. Hence, this petition.

3. The learned counsel appearing for the petitioner would submit that due to employment, the petitioner was not appeared before the trial Court and hence, the trial Court issued NBW against the petitioner and 2/6

arrested him on 02.08.2025. He further submitted that the petitioner is ready and willing to abide by any condition that may be imposed by this Court. Hence, he seeks bail.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner is jumped out of bail and based on the NBW, the petitioner was arrested again on 02.08.2025. Totally there are 16 accused in this case. He further submitted that some of the accused still roaming out and NBW was also issued. Today it is posted for framing of charges for some of the accused. Hence, he opposed for grant of bail.

5. Inspite of the NBW, 5 accused could not be secured. The case is of the year 2010. But still all the accused are not secured, therefore, charges could not be framed. Therefore prosecution is directed to proceed with split up the trial. With this direction and taking into consideration of the facts and submissions and since it is a jumped out bail and also considering the period of incarceration suffered by the petitioner, this court is inclined to grant bail to the petitioner, subject to 3/6

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 VI-Additional District and Sessions Judge, Madurai, 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 trial Court daily twice ie, Morning at 10.30 a.m., and Evening at 05.30 p.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 4/6

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.

04.11.2025 PJL To

1. The VI-Additional District and Sessions Judge, Madurai.

2. The Superintendent, Sub Jail, Virudhunagar.

3. The Inspector of Police, Avaniyapuram Police Station, Madurai 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.19342 of 2025 Date : 04.11.2025 6/6