Raji v. State Of Tamilnadu Rep By Inspector Of Police, Andipatti
CRL OP(MD) NO. 21912 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28-11-2025
CORAM
THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 21912 of 2025 Raji Petitioner(s) Vs State Of Tamilnadu Rep By The Inspector Of Police, Andipatti Police Station, Theni District Crime No.514/2025 Respondent(s) For Petitioner(s):
Mr.M.Kaviarasu For Respondent(s):
Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor Prayer: C-33B.For Bail in Crime No.514/2025 on the file of the respondent police
ORDER
The petitioner/Accused No.5, who was arrested and remanded to judicial custody on 06.11.2025 for the offences punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 351(3) of BNS/ 147, 1/5
148, 294(b), 323, 324, 506(2) of IPC and subsequently it was altered into 103 BNS / 302 of IPC, in Crime No.514 of 2025, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that when the de-facto complainant was walking near the house of the first accused, there arose a wordy quarrel between the de-facto complainant, his paternal uncle and the first accused and hence the accused attacked the de-facto complainant with sticks and also uttered some obscene words. Hence, this case.
3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he has been arrested and he is languishing in jail from 06.11.2025. The specific overt-act against the petitioner is that he uttered obscene words and hit the deceased. Therefore, he prays for grant of bail.
4. The learned Additional Public Prosecutor appearing for the respondent police submitted that already anticipatory bail was filed and 2/5
this Court dismissed the same with a direction to the petitioner to surrender.
5. Considering the facts and circumstances of the case and considering the period of incarceration, this Court is inclined to grant bail to the petitioner on certain 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 Judicial Magistrate, Andipatti, and on further conditions that, a)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;
b)the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.
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c)the petitioner shall not tamper with evidence or witness; d)the petitioner shall not abscond during 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 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 of BNS.
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To
1. The Judicial Magistrate Court, Andipatti.
2. The Inspector Of Police, Andipatti Police Station, Theni District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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