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Madras High CourtCRL OP(MD)/19177/2025granted

Anandh @ Ashok v. The State Of Tamilnadu Rep By

2025-11-03Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03.11.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.19177 of 2025

1. Anandh @ Ashok 2.Kaliraj @ Kattali ... Petitioners /A2 &A3 Vs The State of Tamilnadu, Rep by the Inspector of Police, Sayalgudi Police Station, Ramanathapuram District.

(Crime No.134 of 2025) ... Respondent/Complainant For Petitioners : Mr.S.Muniyandi For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.134 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 25.07.2025 for the offences punishable under Sections 332(a), 103(1) of BNS @ 332(a), 103(1), 61(2), 49 of BNS [corresponding to Section 449, 302 @ 449, 302, 120(b), 109 of IPC], in Crime No.134 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that some unknown persons were entered into the house of the deceased and attacked the deceased using aruval and other deadly weapons, due to which the deceased died on the spot. Hence, the present petition.

3. The learned counsel for the petitioners further submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. The petitioners are in judicial custody from 25.07.2025. Hence, he seeks bail to the petitioners. 2/6

4. The learned Additional Public Prosecutor submitted that totally there are 7 accused and the petitioners are arrayed as A2 and A3 and they had done the crime as henchmen and both the petitioners are history sheeted rowdies. Already they were arrested under Act 14 of 1982 and thereafter revoked by the Advisory Board. He further submitted that charge sheet has been filed through e-filing. However, he opposed for grant of bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioners and the nature of the crime and the antecedents of the petitioners, this Court is inclined to grant bail to the petitioners, subject to the following conditions:

6. Accordingly, the petitioners are 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, Kadalady, and on further conditions that :- 3/6

[a] the petitioners 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 twice ie., Morning at 10.30 a.m, and Evening at 5.30 p.m, until further orders; [c] the petitioners shall not tamper with the evidence or witness either during investigation or trial. [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 4/6

[(2005)AIR SCW 5560].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

03.11.2025 PJL To

1. The Judicial Magistrate, Kadalady

2. The Superintendent, Central Prison, Madurai.

3. The Inspector of Police, Sayalgudi Police Station, Thoothukudi 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.19177 of 2025 Date : 03.11.2025 6/6