Rex v. State Of Tamilnadu Rep By Inspector Of Police, Thattarmadam
CRL OP(MD) NO. 21644 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. 21644 of 2025 Rex Petitioner(s) Vs State Of Tamilnadu Rep By Inspector Of Police, Thattarmadam Police Station Thoothukudi District.
Crime no.174 of 2025.
Respondent(s) For Petitioner(s): Mr.K.P.Narayanakumar For Respondent(s): Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor Prayer:
C-6B. For Bail in Crime No.174 of 2025 on the file of the Respondent Police.
ORDER
The petitioner/Accused No.1, who was arrested and remanded to judicial custody on 27.09.2025 for the offences punishable under Sections 296(b) and 103(1) of BNS in Crime No.174 of 2025, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the deceased's mother received phone call from the deceased's friend Yesuraja at midnight and he informed, her son Nithyanandh has taken treatment to Bala Hospital Sathankulam. Subsequently, the
deceased's mother went to hospital and found that her son had seven head injuries. Upon enquiry, Yesuraja informed the deceased's mother that there was a wordy quarrel between the accused person and Nithyanandh and suddenly, A2 attacked the deceased on the back side of his head with iron rod. 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 27.09.2025. Therefore, he prays for grant of bail.
4. The learned Additional Public Prosecutor appearing for the respondent police opposed for grant of bail on the ground that the investigation is still pending. Further, the petitioner has one previous hut case against him. 5.Considering the nature of offence 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, Sathankulam, 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., for two
weeks and thereafter, as and when required for interrogation, until further orders; 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.
28-11-2025 Tmg To 1.Inspector Of Police, Thattarmadam Police Station, Thoothukudi District. 2.Judicial Magistrate, Sathankulam.
3.District Jail, Perurani,
Thoothukudi District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.