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Madras High CourtCRL OP(MD)/19650/2025granted

S.Azhagarsamy @ Alagarsamy v. The State Of Tamilnadu, Through The Inspector Of Police,

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.19650 of 2025 S.Azhagarsamy @ Alagarsamy, S/o.Samayan ..Petitioner/ Sole accused Vs State through The Inspector of Police, T.Kallupatti Police Station, Madurai District.

(Cr.No.205 of 2025) .. Respondent/Complainant For petitioner : M/s.R.Sangeetha For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.205 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 20.10.2025 for the offences punishable under Sections 296,109 and 351(3) of BNS in Cr.No.205 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 20.10.2025 around 7.00 am, the defacto Complainants' father went to the meat shop to buy the meat at that time the alleged accused person having a previous animosity with the Defacto Complainants' father and went to the occurrence spot with aruval and abused the Defacto Complainants' father with filthy language and attacked him with aruval on his back and hand and threatened the defacto Complainants' father with dire consequences. 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 20.10.2025. Hence, he seeks bail.

4.The learned Additional Public Prosecutor submitted that the defacto Complainants' father went to the meat shop to buy the meat at that time the 2/6

alleged accused person having a previous animosity with the Defacto Complainants' father and went to the occurrence spot with aruval and abused the Defacto Complainants' father with filthy language and attacked him with aruval on his back and hand and threatened the defacto Complainants' father with dire consequences. 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, 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 District Munsif cum Judicial Magistrate, Peraiyur, Madurai 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.

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[b] The petitioner shall furnish his residential address and mobile number to the learned District Munsif cum Judicial Magistrate, Peraiyur, Madurai District [c] If the petitioner changes his residential address, he shall report the same to the learned District Munsif cum Judicial Magistrate, Peraiyur, Madurai District [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 District Munsif cum Judicial Magistrate, Peraiyur, Madurai District.

2. The Central Prison, Madurai District.

3. The Inspector of Police, T.Kallupatti Police Station, Madurai 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.19650 of 2025 07.11.2025 6/6