Jeyaraj v. The State of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Jeyaraj, S/o.Chinnappan,

..Petitioner/ Accused

Vs The State of Tamilnadu rep.by The Inspector of Police, Nalattinputhur Police Station, Tuticorin District. (Crime No.126 of 2025) .. Respondent/Complainant For Petitioner : M/s.C.Mayil Vahana Rajendran 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.126 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 14.05.2025 for the offences punishable under Sections 296(b), 103(1) and 351(3) of BNS in Crime No.126 of 2025 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the defacto-complainant and her husband constructed a house at Malligai Nagar, Mudukkumettanpatti. The petitioner's brother, who owns an adjacent house, had previously quarrelled with the husband of the defacto-complainant. On 13.05.2025, at about 8.30p.m. Due to previous enmity regarding the construction of house, this petitioner assaulted the husband of the defacto-complainant by using brick, he sustained severe injury and died on the spot. Hence, the case.

¶3The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from

14.05.2025 nearly 60 days. Hence, he seeks bail.

¶4The learned Government Advocate (Criminal Side) would submit that defacto-complainant's husband constructed a house at Malligai Nagar, Mudukkumettanpatti. The petitioner's brother, who owns an adjacent house, had previously quarrelled with the husband of the defacto-complainant and CSR is pending before the respondent police. On 13.05.2025, at about 8.30p.m., due to previous enmity regarding the construction of house, this petitioner assaulted the husband of the defacto-complainant by using brick, he sustained severe injury and died on the spot. There is no previous case against this petitioner. However, he objected to grant bail to the petitioner.

¶5Taking into consideration of the facts and circumstances of the case and also taking note of the fact that in this case, FIR was registered on 13.05.2025, by this time most of the investigation might have been completed, there is no previous case against this petitioner, the petitioner/accused remanded into judicial custody on

14.05.2025, taking into consideration of the period of incarceration, 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 learned Judicial Magistrate No.1, Kovilpatti 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 contact number to the learned Judicial Magistrate No.1, Kovilpatti. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.1, Kovilpatti; [c] the petitioner shall appear and sign before the respondent police daily at

10.30 a.m., until further orders. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial. [f] 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. sd/- 16/07/2025

/ TRUE COPY /

/2025

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

Madurai Bench of Madras High Court,

Madurai - 625 023. gvn TO 1 THE JUDICIAL MAGISTRATE NO.1, KOVILPATTI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKKUDI DISTRICT. 3 THE SUPERINTENDENT,CENTRAL PRISON, PALAYAMKOTTAI. 4 THE INSPECTOR OF POLICE, NALATTINPUTHUR POLICE STATION, TUTICORIN DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.C.MAYIL VAHANA RAJENDRAN, Advocate ( SR-7680[I] dated 16/07/2025 ) ORDER IN CRL OP(MD) No.11975 of 2025 Date :16/07/2025 NBF/SAR- /16/07/2025/ 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023