Mukilraj v. The State of Tamilnadu Rep.By

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

..Petitioner/ Accused

Vs The State of Tamilnadu rep.by The Inspector of Police, Kovilpatti East Police Station, Thoothukudi District. (Crime No.271 of 2025) .. Respondent/Complainant For Petitioner : M/s.T.Leninkumar

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.271 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 11.06.2025 for the offences punishable under Sections 126(2), 296(b), 109(1), 351(3) of BNS, 2023 in Crime No.271 of 2025 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the petitioner waylaid the defacto-complainant and used filthy language and attempted to murder the defacto-complainant with Aruval and also made criminal intimidation against the defacto-complainant. Hence, the case.

¶3The learned counsel for the petitioner would submit that this petitioner was detained under TamilNadu Act 14 of 1982 on 19.04.2025 and the said detention order was revoked on 26.05.2025. The respondent police has lodged a false complaint against this petitioner. 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 11.06.2025 nearly 35 days. Hence, he seeks bail.

¶4The learned Government Advocate (Criminal Side) would submit that the defacto-complainant asked train departure time to this petitioner, at that time, this petitioner abused him in a filthy language and attempted to murder the defacto-complainant with Aruval and also made criminal intimidation against the defacto-complainant. At the time of occurrence, no one injured. This petitioner had already detained under TamilNadu Act 14 of 1982 and later the detention order was revoked by the advisory board. This petitioner is History Sheeter (H.S.No.239 of 2025). This petitioner is having nine previous cases. Hence, 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, at the time of occurrence, no one injured, the petitioner/accused remanded into judicial custody on 11.06.2025, 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 /

/07/2025

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 THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. 4 THE INSPECTOR OF POLICE, KOVILPATTI EAST POLICE STATION, THOOTHUKUDI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to T.LENINKUMAR Advocate SR.No.7672 (I) DT.16/07/2025 ORDER IN CRL OP(MD) No.11992 of 2025 Date :16/07/2025 NM/17.07.2025/ 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023