Murugesan v. State Of Tamilnadu Rep By Inspector Of Police, Thiruneelakudi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/11/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Murugesan ... Petitioner/Accused No.4 Vs State of Tamilnadu Rep by, The Inspector of Police, Thiruneelakkudi Police Station, Thanjavur District.

(Crime No.387 of 2023) ... Respondent/Complainant For Petitioner : Mr.M.Murugeswari For Respondent : Mr.E.Antony Sahaya Prabahar, Government Advocate (Crl.Side) 1/6

PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioner /Accused No.4 on bail in S.C.No.310 of 2024 on the file of Additional District & Sessions Judge, (Fast Track Court) Kumbakonam.

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 27.10.2024 for the offences punishable under Sections 294(b), 506(2), 302, 147, 148, 102B, 149 and 109 of IPC, in Crime No.387 of 2023 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that an FIR was registered for the offences punishable under Sections 294(b), 506(2), 302, 147, 148, 120B, 149 and 109 of the IPC against the petitioner. Upon completion of the investigation, the final report was filed on 01.09.2023, and the case was taken on file as S.C. No. 310 of 2024 on 09.12.2024 and is now pending before this Court for framing of charges. It further came to know that, due to the petitioner's non-appearance before the committal Court on 2/6

03.08.2024, a Non-Bailable Warrant was issued by the District Munsifcum-Judicial Magistrate Court, Thiruvidaimaruthur, and the petitioner was remanded to judicial custody on 27.10.2024

3. The learned counsel for the petitioner submitted that, due to sudden ill health, the petitioner was unable to appear before the Court on 03.08.2024. The petitioner is in need of specialised medical assistance to safeguard his life. Moreover, he is the sole breadwinner of his family, and due to his absence, the family is facing severe financial difficulties. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that it is a case of jumped bail and that a Non-Bailable Warrant was issued on 03.08.2024, pursuant to which the petitioner was arrested on 27.10.2024.

5. Taking into consideration of the facts and circumstances of the case, that it is a case of jumped out bail 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: 3/6

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 Additional District & Sessions Judge, (Fast Track Court), Kumbakonam, 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 trial Court daily at 10.30 a.m., until further orders.

[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 4/6

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.

(S S Y J) 20.11.2025 jbr TO

1. The Additional District & Sessions Judge (Fast Track Court),Kumbakonam.

2. The Superintendent, District Jail, Pudukottai.

3. The Inspector of Police, Thiruneelakkudi Police Station, Thanjavur District.

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

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S.SRIMATHY,J jbr

ORDER

IN CRL OP(MD) No.20814 of 2025 Date : 20/11/2025 6/6