Gayathiri v. State Of Tamilnadu Rep By Inspector Of Police, Kumbakonam East

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/11/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Gayathiri ..Petitioner/sole accused Vs State of Tamilnadu Rep by The Inspector of Police, Kumbakonam East Police Station, Thanjavur District.

Crime No.445/2025. .. Respondent/Complainant For Petitioner : C.Senthil Murugan For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-38B.For Bail in Crime No.445/2025 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 19.10.2025 for the offences punishable under Sections 329(4), 296(b), 131 & 105 of BNS, in Crime No.445 of 2025 on the file of the 1/4

respondent police, seeks bail.

2. The case of the prosecution is that due to a wordy quarrel regarding burning crackers, it is stated that the defacto complainant's husband said to have slapped the petitioner's son, for that, the petitioner is said to have slapped the defacto complainant's husband due to which he slipped and fell from balcony and sustained injury which resulted 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 the petitioner is in judicial custody from 19.10.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that due to sudden quarrel, the petitioner is said to have slapped the deceased due to which he died and she has no previous cases. Hence, he opposed 2/4

for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and the nature of offence and since it is an unfortunate incident and also considering 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) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Thanjavur, and on further conditions that :- [a] the petitioner 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 petitioner shall report before the respondent police daily at 10.30 a.m., for two weeks, and thereafter as and when required;

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S.SRIMATHY, J PJL [c] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[d] the petitioner 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];

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

10.11.2025 PJL TO

1. The Judicial Magistrate No.I, Thanjavur.

2. The Superintendent, District Prison, Thanjavur.

3. The Inspector of Police, Kumbakonam EastPolice Station,Thanjavur District.

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

CRL OP(MD) No.19668 of 2025 4/4