K.Karuthapandi 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 K.Karuthapandi (47/2025) s/o.Kombaiyadevar ..Petitioner/ Accused No.1 Vs State of Tamil Nadu Rep by the Inspector of Police, Alangulam Police Station, Tenkasi District. (Crime No.394 of 2025) ... Respondent/Complainant For Petitioner : Mr.I.Pinaygash

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.394 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 25.06.2025 for the offences punishable under Sections 191(2), 191(3), 296

(b), 109(1), 351(3) of BNS Act (Corresponding offences 147, 148, 294(b), 307 & 506(ii) of IPC), in Crime No.394 of 2025 on the file of the respondent police, seeks bail,

¶2The case of the prosecution is that there was a property dispute between the petitioner and the defacto complainant. Further, the defacto complainant had executed the sale agreement in favour of the petitioner instead of execution of sale deed. Further, the defacto complainant's brother purchased the property through Court attachment due to which, the petitioner along with other accused persons have abused the defacto complainant in filthy language and attacked him and caused injuries. 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 the petitioner is in custody from

25.06.2025. Hence, he seeks bail.

¶4The learned Government Advocate (Criminal Side) would submit that no one was sustained injuries and the investigation is almost completed. He would further submit that there is no previous case pending against the petitioner. 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 no one was sustained injuries and 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, Alangulam, Tenkasi, 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, Alangulam, Tenkasi.

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

[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]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. sd/- 07/07/2025

/ TRUE COPY /

/07/2025

Sub-Assistant Registrar ( C.S. I / II / III / IV )

Madurai Bench of Madras High Court,

Madurai - 625 023. msrm To 1 THE JUDICIAL MAGISTRATE, ALANGULAM, TENKASI. 2 THE CHIEF JUDICIAL MAGISTRATE TENKASI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI.

¶4The Inspector of Police, Alangulam Police Station, Tenkasi District.

¶5The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.I.PINAYGASH, Advocate ( SR-7199[I] dated 07/07/2025 ) ORDER IN CRL OP(MD) No.11353 of 2025 Date :07/07/2025

MK/08.07.2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023