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Madras High CourtCRL OP(MD)/23634/2025granted

Satheesh @ Satheeshkumar v. The State Of Tamilnadu Rep.By

2026-01-09Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09/01/2026

CORAM

THE HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Satheesh @ Satheeshkumar,

2. Kannan, ... Petitioners Vs.

The State of Tamilnadu Rep.By, The Inspector of Police, Devipattinam Police Station, Ramanathapuram District (Cr.No.222 of 2025).

... Respondent PRAYER :- For Bail in Crime No.222 of 2025 on the file of the respondent Police.

For Petitioner : S. Manojkumar, Advocate.

For Respondent :Mr.S.S.Manoj , Government Advocate (Crl.Side) ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 01.12.2025. for the offences punishable under Sections 1/6

Sections 191 [2], 191 [3], 296[b], 118 [1], 109[l], 351 [3] and 49 of Bharatiya Nyaya Sanhita [BNS], 2023 and Section 3 of the Tamil Nadu Public Property [Prevention of Damage and Loss] Act 1992 in Crime No. 222 of 2025, on the file of the respondent police. seek bail.

2. The case of the prosecution is that the petitioners along with other accused persons waylaid the defacto complainant and attacked him with weapons dire consequences and damaged his car and sustained injuries to him. Hence, the complaint.

3. The learned counsel for the petitioners submitted that he seeks permission to withdraw this case insofar as the first petitioner is concerned. He further submitted that the second petitioner is innocent and he has not committed any offence as alleged by the prosecution. He further submitted that the second petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 01.12.2025. Hence, he seeks bail to the second petitioner.

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4. The learned Government Advocate (Crl.Side) submitted that the injured person has been discharged from the hospital and the first petitioner is having nine previous cases and the second petitioner is having 5 previous cases and hence, he opposed for grant of bail to the petitioners.

5. This Petition is dismissed as withdrawn insofar as the first petitioner is concerned.

6. Taking into consideration of the facts and circumstances of the case and also the fact that the injured person has been discharged from the hospital and also considering the period of incarceration suffered by the second petitioner, this Court is inclined to grant bail to the second petitioner alone, subject to the following conditions:

6. Accordingly, the second petitioner is ordered to be released on bail on executing a separate 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 No.I, Ramanathapuram, and on further 3/6

conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the 2nd petitioner shall appear before the Judicial Magistrate No.I, Ramanathapuram, daily at 10.30 am and shall appear before the respondent police daily at 5.30 p.m., for a period of two months and thereafter, as and when required for interrogation. The 2nd petitioner shall not file any relaxation petition for a period of two months.

[c] the second petitioner shall not abscond either during investigation or trial.

[d] the second petitioner shall not tamper with evidence or witness 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 second petitioner in accordance with law as if the conditions have been imposed and the second petitioner released on bail by the learned Magistrate/Trial 4/6

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.

09.01.2026 LS TO

1. The Judicial Magistrate No.I, Ramanathapuram

2. The Inspector of Police, Devipattinam Police Station, Ramanathapuram District 3.The Superintendent District Prison, Ramanathapuram.

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S.SRIMATHY,J LS

ORDER

IN CRL OP(MD) No.23634 of 2025 Date : 09/01/2026 6/6