← Library
Madras High CourtCRL OP(MD)/23631/2025granted

Raj Kumar v. The State Of Tamilnadu Rep.By

2026-01-23Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Raj Kumar, S/o.Karuppaiah, ... Petitioner/Accused Vs.

The State of Tamilnadu Rep.By, The Inspector of Police, All Women Police Station, Devakottai.

(Cr.No.12 of 2024).

... Respondent/Complainant For Petitioner : Mr.Vignesh A, For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the Petitioner/Accused on bail in SC No.113 of 2025 on the Learned Fast Track mahila Court, Sivagangai and pass such further or other order 1/6

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 09.11.2024 for the offences punishable under Sections 115(2), 118(1), 64(i) r/w 62, 351(2) of the Bharatiya Nyaya Sanhita, 2023, in Spl.S.C.No.25 of 2019 on the file of the Fast Track mahila Court, Sivagangai, in SC No.113 of 2025 on the Learned Fast Track mahila Court, Sivagangai, seeks bail.

2. The case of the prosecution is that the petitioner has attempted to assault the defacto complainant. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that already a land dispute is pending between the petitioner and the victim's grandfather and therefore, a false complaint has been given against the petitioner and also submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 09.11.2024. Hence, he seeks bail to the petitioner. 2/6

4. The learned Additional Public Prosecutor submitted that the petitioner had already been arrested in another case and in the present case, he was formally arrested. He further submitted that there are 2 previous cases pending against the petitioner and the petitioner tried to assault the defacto complainant. Hence, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case 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:

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 Fast Track Mahila Court, Sivagangai, and on further 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.

3/6

[b] the petitioner shall stay at Virudhunagar and report before the Inspector of Police, Town Police Station, Virudhunagar District and any petition seeking relaxation shall not be considered for a period of two months. Further, the petitioner shall not enter into the streets and schools of the victim girl and he shall not intimidate the victim and her family members. [c] the petitioner shall not abscond either during investigation or trial.

[d] the 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 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 BNS.

(S S Y J) 23.01.2026 tta 4/6

TO

1. The Fast Track Mahila Court, Sivagangai.

2. The Superintendent, Central Prison, Madeira.

3. The Inspector of Police, All Women Police Station, Devakottai.

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

5/6

S.SRIMATHY,J tta

ORDER

IN CRL OP(MD) No.23631 of 2025 Date : 23/01/2026 6/6