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Madras High CourtCRL OP(MD)/19573/2025granted

Adithya @ Aathi v. The State Of Tamilnadu,

2025-11-07Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/11/2025 PRESENT THE HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD).No.19573 of 2025 Adithya @ Aathi S/o.Dhanasekar ..Petitioner/3rd Accused Vs The State of Tamil Nadu rep.by The Inspector of Police, Palani Town Police Station, Dindigul District.

(Cr.No.508 of 2025) .. Respondent/Complainant For petitioner : Mr.K.Muthu Ganesa Pandian For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.508 of 2025 on the file of the Respondent Police.

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ORDER : This Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 22.08.2025 for the offences punishable under Sections 61(2), 103 @ 61(2), 103, 126(2), 115(2) of B.N.S., 2023 in Cr.No.508 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the deceased had got married and due to the matrimonial issues, the wife of the deceased hung herself and died hereinafter, the deceased had developed extramarital relationship with A1's wife that came to the knowledge of A1, A1 admonished the deceased and informed him to stop the illegal relationship with his wife. The deceased mother asked where about of the deceased to Karthi, in turn, Karthi accompanied brother of the deceased and informed to mother of deceased that the deceased had died and his throat was cut sustained with blood injury. Hence, this case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in custody from 22.08.2025. Hence, he seeks bail.

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4.The learned Additional Public Prosecutor submitted that the deceased had got married and due to the matrimonial issues, the wife of the deceased hung herself and died hereinafter, the deceased had developed extramarital relationship with A1's wife that came to the knowledge of A1, A1 admonished the deceased and informed him to stop the illegal relationship with his wife. The deceased mother asked where about of the deceased to Karthi, in turn, Karthi accompanied brother of the deceased and informed to mother of deceased that the deceased had died and his throat was cut sustained with blood injury. However, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and there is no previous case as against the petitioner and also considering the period of incarceration, 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 Judicial Magistrate Court, Palani, 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.

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[b] The petitioner shall furnish his residential address and mobile number to the Judicial Magistrate Court, Palani [c] If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate Court, Palani. [d] the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

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

[f] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[g] 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].

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

(S S Y J) 07.11.2025 RJR TO

1. The Judicial Magistrate Court, Palani

2. The Madurai Central Prison, Madurai.

3. The Inspector of Police, Palani Town Police Station, Dindigul District.

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

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S.SRIMATHY, J., RJR CRL OP(MD)No.19573 of 2025 07.11.2025 6/6