Mukhilan v. The State Of Tamilnadu Rep.By,
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.19190 of 2025 Mukhilan, S/o.Jeyaraman, 65/w, Kompai Road, Cumbam North, Theni District.
... Petitioner/A2 Vs The State of Tamilnadu Rep.By, The Inspector of Police, Cumbam North Police Station, Theni District.
(Crime No.316 of 2025).
... Respondent/Complainant For Petitioner : Dhilipan Pandian R L, Advocate.
For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-33B For Bail in Crime No.316 of 2025 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioner/A2, who was arrested and remanded to judicial custody on 02.10.2025 for the offences punishable under Sections 296(b), 115(2), 351(3) of BNS, and Section 4 of the TNPPDL Act, in Crime No.316 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that due to previous motive, 1/4
the accused persons made quarrel with the defacto complainant and abused him using filthy language and assaulted him with billhook and threatened him with dire consequences. Hence, the complaint.
3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 02.10.2025. Hence, he seeks bail to the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that there was no injury and the petitioner is having 11 previous cases. Hence, he opposed for grant of bail to the petitioner.
5. Taking into consideration of the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioner, and there was no injury, 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 condition to execute 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, Uthamapalayam, Theni 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 to ensure their identity; [b] the petitioner shall deposit a sum of Rs.10,000/-(Rupees Ten thousand only) to the credit of Crime No.316 of 2025. On such deposit, the learned Magistrate shall accept the sureties; 2/4
[c]the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;
[d] the petitioner shall not abscond either during investigation or trial;
[e] the petitioner shall not tamper with evidence or witness either during investigation or trial;
[f] On breach of any of the aforesaid conditions, the learned Judicial 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]; [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
03.11.2025 PJL TO 1.The Judicial Magistrate, Uthamapalayam, Theni District. 2 The Superintendent, District Prison, Theni, Theni District.
3. The Inspector of Police, Cumbam North Police Station, Theni 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.19190 of 2025 Date : 03/11/2025 4/4