Madhankumar @ Kosu Mari v. The State Of Tamilnadu Rep.By,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05.11.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Madhankumar @ Kosu Mari ... Petitioner/Accused Vs The State of Tamil Nadu, Rep By,The Inspector of Police, Thiruthangal Police Station, Virudhunagar District.

(CrimeNo.325 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Maya Perumal Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.325 of 2025 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 16.08.2025 for the offences punishable under Sections 194 of BNSS @ 127(2), 103(1) and 238 of BNS Act 2023, in Crime No.325 of 2025 on the file of the respondent police. seeks bail.

2. The case of the prosecution is that the petitioner along with other accused persons and the deceased, were in a drunken state and there was a wordy quarrel, the accused persons attacked the deceased with a wooden log and pushed him down and cut the neck of the deceased and causing his death. Hence, the 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 co-accused had already been granted bail by this Court dated 07.10.2025 in Crl OP(MD).No.15468 of 2025. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 16.08.2025. Hence, he seeks 2/6

bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that there is one previous case pending against the petitioner. However, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the fact that co-accused had already been granted bail by this Court and also consideration 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) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Sivakasi, Virudhunagar District, and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book 3/6

to ensure their identity.

[b] the petitioner shall appear before the respondent police daily at 10.30 a.m., until further orders..

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness 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 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) 05.11.2025 msrm 4/6

To

1. The learned Judicial Magistrate No.II, Sivakasi, Virudhunagar District.

.

2. The Superintendent, District Prison, Theni.

3. The Inspector of Police, Thiruthangal Police Station, Virudhunagar District.

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

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S.SRIMATHY,J.

msrm

ORDER

IN CRL OP(MD) No.19155 of 2025 Date : 05.11.2025 6/6