K.Ayyathurai v. The State of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/07/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI K.Ayyathurai, M/33 years, S/o.Karuppasamy ..Petitioner/ Accused No.3 Vs State of Tamil Nadu Rep by the Inspector of Police, Chinnakovilankulam, Thenkasi District. (Crime No.177 of 2025) ... Respondent/Complainant For Petitioner : Mr.N.Mohideen Basha 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.177 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner /Accused No.3, who was arrested and remanded to judicial custody on 01.05.2025 for the offences punishable under Sections 296(b), 103(1) of BNS r/w 61(2) of BNS, in Crime No.177 of 2025 on the file of the respondent police, seeks bail,

¶2The case of the prosecution is that the deceased and A4 were in an illicit relationship, which was opposed by A1, the brother-in-law of this petitioner/A3. On account of this, on 30.04.2025 at about 05.00 p.m., A1 and A2 allegedly assaulted the deceased with Aruval. 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 this is the second bail application before this Court and the petitioner is in custody from 01.05.2025. Hence, he seeks bail.

¶4The learned Government Advocate (Criminal Side) would submit that A1 and A2 have been detained under Goondas Act. 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 there is no previous case pending against the petitioner and the investigation has been almost completed 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 Judicial Magistrate, Sankarankovil, Tenkasi District, 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 Judicial Magistrate, Sankarankovil, Tenkasi District.

(c)If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate, Sankarankovil, Tenkasi District.

[d] the petitioner shall report 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 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.11422eeofe2025 [h]oIfotheoaccusedothereafteroabsconds,oaofreshoFIRocanobeoregistered underoSectiono269oBNS. oooooooooooooooooooooooooooooooooooooooosd/- oooooooooooooooooooooooooooooooooooooooo07/07/2025 ooooooooooooooooo oo oooo ooooooooooo/oTRUEoCOPYo/ ooooooooooooooooooooooooooooooooooooooo o o/07/2025 ooooooooooooooooooooooooooo oooooooo ooSub-AssistantoRegistraro(CS-I/II/III/IV) ooooooooooooo oooooooooooooooooooooooMaduraioBenchoofoMadrasoHighoCourt, ooooooooooooooooooooooooooooooooooooo oo oooooooMaduraio-o625o023.ooo MSRM oTO

1.oTHEoJUDICIALoMAGISTRATE,oSANKARANKOVIL,oTENKASIoDISTRICT.o

2.oTHEoCHIEFoJUDICIALoMAGISTRATE oooTENKASIoDISTRICT.

3.oTHEoSUPERINTENDENT,oCENTRALoPRISON, ooooPALAYAMKOTTAI.

4.oTHEoINSPECTORoOFoPOLICE, ooooCHINNAKOVILANKULAM, ooooTHENKASIoDISTRICT.

5.oTHEoADDITIONALoPUBLICoPROSECUTOR, oooMADURAIoBENCHoOFoMADRASoHIGHoCOURT, oooMADURAI.ooooooooooo +1 CC to M/s.N.MOHIDEEN BASHA, Advocate ( SR-7182[I] dated 07/07/2025 ) ORDER IN CRL OP(MD) No.11422 of 2025 Date :07/07/2025

PR/08.07 .2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023