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Madras High CourtCRL OP(MD)/23629/2025granted

Karuppasamy v. The State Of Tamil Nadu

2025-12-19Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19.12.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.23629 of 2025

1. Karuppasamy

2. Kothalimuthu ... Petitioners/Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Puthiyamputhur Police Station, Thoothukudi District.

(Crime No.366 of 2025) ... Respondent/Complainant For Petitioners : Mr.A.S.Vaigunth For Respondent : Mr.S.S.Manoj Government Advocate (Crl. side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.366 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioners, who was arrested and remanded to judicial custody on 10.12.2025 for the offences punishable under Sections 296(b), 351(3) of BNS, 2023 and Section 25(1A) of Arms Act, in Crime No.366 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that on 09.12.2025, the accused persons abused the defacto complainant in filthy language and also criminally intimidated him with deadly weapons. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent person and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are in judicial custody from 10.12.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the offences committed by the accused persons are serious in nature. He 2/6

further submitted that A-1 has one previous case and A-2 has no previous case. Therefore, he opposed for grant of bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners, subject to the following conditions:

6. Accordingly, the petitioners are 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, Ottapidaram, Thoothukudi District, and on further conditions that :- [a] the petitioners 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 petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for investigation. 3/6

[c] the petitioners shall not tamper with the evidence or witness either during investigation or trial. [d] the petitioners 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.

(S S Y J) 19.12.2025 jbr 4/6

To

1. The Judicial Magistrate, Ottapidaram, Thoothukudi District.

2. The Superintendent, District Prison, Perayurani.

3. The Inspector of Police, Puthiyamputhur Police Station, Thoothukudi 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.23629 of 2025 Date : 19.12.2025 6/6