Nagaraj v. The State of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/07/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Nagaraj, (Age 52) S/o.Sokkalingam

..Petitioner/ Accused No.1

Vs State of Tamil Nadu Rep by the Inspector of Police, Abiramam Police Station, Ramanathapuram. (Crime No.85 of 2025) ... Respondent/Complainant For Petitioner : Mr.N.Jeyaram Sidharth Advocate. For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.85 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused No.1, who was arrested and remanded to judicial custody on 09.06.2025 for the offences punishable under Sections 191(2), 191(3), 296

(b), 127(2), 109 r/w 49 BNS, in Crime No.85 of 2025 on the file of the respondent police, seeks bail,

¶2The case of the prosecution is that there was a previous motive between the brother of the defacto complainant namely Bharathi and A1 in respect of political motive and irrigating the water from a kanmai. Subsequently, on 08.06.2025 at about

03.00 p.m., the said Bharathi went to wine shop and wherein the A1 was already there, at that time A1 abused the defacto complainant's brother in filthy language and wordy dispute arose between them. Thereafter, on the same day at about 05.30 p.m., the Bharathi was sitting at the panchayat bore well, at that time, A1 along with others came to the spot in a two wheeler and abused him in filthy language and he tried to escape from them, A1 attempted to commit murder with sickle on his head, he sustained injury on his right side head and ear. Hence, the complaint.

¶3The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that co-accused A4 and A5 have been granted bail by the Principal Sessions Judge, Ramanathapuram in Crl.M.P.Nos.1401 & 1411 of 2025 dated 20.06.2025. He would further submit that the petitioner is in custody from 09.06.2025. Hence, he seeks bail.

¶4The learned Government Advocate (Criminal Side) would submit that the injured person has been discharged from the hospital and co-accused had already been released on bail by the trial Court. He would further submit that there is no previous case pending against the petitioner and the investigation is almost completed. However, he objected to grant bail to the petitioner.

¶5Taking into consideration of the facts and circumstances of the case and also the fact that the injured person has been discharged from the hospital on 17.06.2025 and the investigation has been almost completed. Further, co-accused had already been released on bail by the trial Court and taking into consideration of the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

¶6Accordingly, 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, Kamuthi, 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. [b] The petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Kamuthi.

(c)If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate, Kamuthi.

[d] the petitioner shall report before the respondent police daily at

10.30 a.m.,and 05.30 p.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 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]. CRLeOP(MD).eNo.11332eeofe2025 [h]oIfotheoaccusedothereafteroabsconds,oaofreshoFIRocanobeoregistered underoSectiono269oBNS. oooooooooooooooooooooooooooooooooooooooosd/- oooooooooooooooooooooooooooooooooooooooo07/07/2025 oooooooooooooooo oo oooo ooooooooooo/oTRUEoCOPYo/ ooooooooooooooooooooooooooooooooooooooo o 07/07/2025 ooooooooooooooooooooooooooo oooooooo ooSub-AssistantoRegistraro ooooooooooooo oooooooooooooooooooooooMaduraioBenchoofoMadrasoHighoCourt, ooooooooooooooooooooooooooooooooooooo oo oooooooMaduraio-o625o023.ooo MSRM TO

1.THEoLEARNEDoJUDICIALoMAGISTRATE,oKAMUTHI.

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4.THEoINSPECTORoOFoPOLICE, oooABIRAMAMoPOLICEoSTATION, oooRAMANATHAPURAM.

5.oTHEoADDITIONALoPUBLICoPROSECUTOR, oooMADURAIoBENCHoOFoMADRASoHIGHoCOURT, oooMADURAI.ooooooooooooooooo

ORDER IN CRL OP(MD) No.11332 of 2025 Date :07/07/2025

PR/07.07 .2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023