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Madras High CourtCRL OP(MD)/23933/2025ordered

Bharathi Raja v. The State Of Tamil Nadu

2025-12-26Honourable Mr.Justice M.Jothiraman6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26.12.2025 PRESENT THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN CRL OP(MD)No.23933 of 2025 Bharathi Raja ... Petitioner Vs The State Represented by, The Inspector of Police, Keelavalavoo Police Station, Madurai District.

(Crime No.198 of 2025) ... Respondent For Petitioner : M/S.Tamil Law Firm For Respondent : Mr.T.Senthil Kumar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER:- For Bail in Crime No.198 of 2025 on the file of the respondent police.

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ORDER: The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 14.10.2025 for the offences punishable under Sections 103(1) of BNS, 2023 @ 191(2), 191(3), 103(1) and 49 of BNS, 2023, in Crime No. 198 of 2025 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 29.09.2025, during night hours, while the deceased was sleeping in a bedroom, at that time, the petitioner and other accused persons assaulted the deceased with spade and Aruval. As a result, the deceased sustained injuries and succumbed to death. 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 the petitioner is in judicial custody from14.10.2025. He further submitted that A3 to A5 were granted bail by this Court. Hence, he seeks bail to the petitioner. 2/6

4.The learned Additional Public Prosecutor submitted that totally there are 8 accused in this case. He further submitted that the petitioner has six previous cases. Out of which, two cases are filed under Section 302 of IPC. He further submitted that the investigation is still pending. Hence, he opposed for grant of bail to the petitioner. 5.Taking into consideration of the facts and circumstances of the case and considering the overt act attributed against the petitioner 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Melur, 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 3/6

to ensure their identity.

[b] the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Melur.

[c] If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate, Melur.

[d] the petitioner shall appear before the respondent police daily at 10.30 a.m.. until further orders. He has to co-operate for the investigation.

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

[f] the petitioner shall not tamper with evidence or witness either during investigation or trial. [g] 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 4/6

down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(M J R J) 26.12.2025 vsg/rmk To

1. The Judicial Magistrate, Melur.

2. The Superintendent, Central Prison, Madurai District.

3.The Inspector of Police, Keelavalavoo Police Station, Madurai District.

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

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M.JOTHIRAMAN ,J.

vsg/rmk 26.12.2025 6/6