Johnson v. The State Of Tamil Nadu

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.23960 of 2025 Johnson ... Petitioner /Sole Accused Vs 1.The State of Tamil nadu Rep by The Inspector of Police Thisayanvilai Police Station Tirunelveli District.

Cr.No.885 of 2025.

... Respondent For Petitioner : Mr.S.Balaji For Respondent : Mr.T.Senthil Kumar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER:- For Bail in Crime No.885 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 08.12.2025 for the offences punishable under Sections 126(2), 296(b), 109(1) and 351(3) of BNS, 2023 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.885 of 2025 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the defacto complainant is the daughter of one Santhi. The petitioner had married the sister of the defacto complainant, namely, Gowri., and out of the said wedlock, a female child was born. Due to some misunderstanding, they obtained divorce, after which, Gowri married one Reegan. During the Covid-19 period, Gowri and her husband Reegan passed away. Thereafter, the petitioner has been taking care of the daughter of the petitioner.

Subsequently, a dispute arose between the petitioner and his mother-inlaw, Santhi, with regard to the custody of the petitioner's daughter. While so, on 08.12.2025 when the defacto complainant along with her mother was proceeding to Thisaiyanvilai Gandhiji Road, the accused is said to have waylaid them, abused them and attacked Santhi, as a result of which, she sustained grievous injury. 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 ready to abide any condition to be imposed by this Court. Hence, he seeks bail to the petitioner.

4.The learned Additional Public Prosecutor submitted that the injured has been discharged from the hospital. 5.Considering the nature of the dispute between the parties and also considering the fact that the injured has been discharged from the hospital, 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, Radhapuram, Tirunelveli District and on further conditions that :- 3/7

[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 petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Radhapuram, Tirunelveli District.

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

[d] the petitioner shall appear before the respondent police daily at 10.30 a.m., until further orders. [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 4/7

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].

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

(M J R J) 26.12.2025 Rmk/vsg To

1. The Judicial Magistrate, Radhapuram, Tirunelveli District.

2. The Inspector of Police Thisayanvilai Police Station Tirunelveli District.

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

4.The Superintendent, Central Prison, Palayamkottai, Tirunelveli District.

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M.JOTHIRAMAN ,J.

Rmk/vsg 26.12.2025 6/7

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