Sankar v. State Of Tamilnadu Rep By Inspector Of Police, Thermal Nagar
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.19158 of 2025 1.Sankar 2.Sathish 3.Rithan ... Petitioners / A1 to A3 Vs The State of Tamilnadu, Rep by the Inspector of Police, Thermal Nagar Police Station, Thoothukudi District.
(Crime No.215 of 2025) ... Respondent/Complainant For Petitioners : Mr.S.Vishnuvardhan For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.215 of 2025 on the file of the respondent police.
1/6
ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 03.08.2025 for the offences punishable under Section 194 BNS @ 194 (3)(IV) of BNS @ 103(1) of BNS @ 140, 296(b), 238, 61, 3(5), 103(1) of BNS, in Crime No. 215 of 2025 on the file of the respondent police, seek bail.
2. The case of the prosecution is that on 31.07.2025, the Village Administrative Officer had received an information that one unknown person was killed and buried behind the SEPL Company and he went there and found the same and lodged a complaint before the respondent police and the same is registered under Section 194 of BNS. Thereafter, on investigation, the petitioners and other six persons were added as accused and altered the above offences. 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 2/6
custody from 03.08.2025. Hence, he seeks bail to the petitioner.
4. The learned Additional Public Prosecutor submitted that the A1 has 2 previous cases, A2 has one previous case and A3 has one previous case and the petitioners are in custody from 03.08.2025. He further submitted that charge sheet has been filed before the concerned Magistrate Court. 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, 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 No.II, Thoothukudi, 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 Trial Court as and when required and for all hearing dates; [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 [(2005)AIR SCW 5560].
4/6
[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 No.II, Thoothukudi.
2. The Superintendent, Central Prison, Palayamkottai, Thoothukudi District.
3. The Inspector of Police, Thermal Nagar Police Station, Thoothukudi District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5/6
S.SRIMATHY,J.
PJL
ORDER
IN CRL OP(MD) No.19158 of 2025 Date : 03.11.2025 6/6