Mr.Issac Graham v. The State Of Tamilnadu Rep By The Inspector Of Police, Thilagar Thidal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/11/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Mr.Issac Graham, S/o.Late.Watchmanneejob Represented Through His Natural Guardian / Mother, Mrs.Amutha,W/o.Late. Watchmanneejob ... Petitioner/Accused Vs The State of Tamilnadu Rep by, The Inspector of Police, Thilagar Thidal, Thilagar Thidal Police Station, Madurai City.

(Crime No.458 of 2025). .. Respondent/Complainant For Petitioner : Mr.J.Selvin Rajesh for M/s.Dictum Law Firm, 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.458 of 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 15.11.2025 for the offences punishable under Sections 105 of BNS, in Crime No. 458 of 2025 on the file of the respondent police, 1/4

seeks bail.

2. The case of the prosecution is that on 14.11.2025 at 10.15 p.m, the petitioner/accused person was sitting in the car. At that time, the victim has knocked the door of the car repeatedly which annoying the petitioner and the petitioner had beaten the victim black and blue and the victim fell down and a vehicle crossed the place which has slide the victim. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner was in depression since the petitioner's father passed away and sitting in a car. At that time, the victim has knocked the door of the car repeatedly, subsequently the petitioner attacked the deceased black and blue and he fell down and unfortunately,a vehicle which crossed the place has slide the deceased. He further submitted that the petitioner is having an intellectual disability and he 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 15.11.2025. Hence, he seeks bail to the 2/4

petitioner.

4. The learned Additional Public Prosecutor submitted that the specific overt act against the petitioner is, he had beaten the victim due to which the victim fell down at that time another vehicle slide the victim and subsequently he died. However, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and the nature of allegation 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.II, Madurai, 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;

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S.SRIMATHY,J.

PJL [b] the petitioner shall report before the respondent police daily at 10.30 a.m., for three weeks and thereafter as and when required;

[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.

27.11.2025 PJL TO

1. The Judicial Magistrate No.II, Madurai.

2.The Superintendent, Central Prison, Madurai.

3. The Inspector of Police,Thilagar Thidal, Thilagar Thidal Police Station,Madurai City.

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

CRL OP(MD) No.21751 of 2025 4/4