Muthusudalai vs State

M.Jothiraman, J

The petitioner, who was arrested and remanded to judicial custody on 26.11.2025 for the offences punishable under Sections 294(b), 325, 307 and 506(ii) of IPC and Section 4 of TNPHW Act, in Crime No.358 of 2015 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner abused the defacto complainant in filthy language, assaulted her causing injuries, attempted to murder and also threatened her with dire consequences. Hence, the complaint. Thereafter, the respondent Police filed a charge sheet in P.R.C.No.118 of 2025 and the same is pending at the committal stage before the learned Judicial Magistrate No.I, Thoothukudi.

The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that due to health issue, the petitioner was not able to attend hearing. Hence, NBW was issued against him and the same was executed on 26.11.2025. Further, the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks bail.

The learned Additional Public Prosecutor submitted that the petitioner failed to appear before the trial Court, due to which the trial Court had issued Non Bailable Warrant to the petitioner. He further submitted that the charge sheet has also been filed and the same is pending at the committal stage. However, he objected to grant bail to the petitioner.

5.Taking into consideration of the facts and circumstances and since it is a jumped out bail and also considering the period of incarceration suffered by the petitioner, this court is inclined to grant bail to the petitioner, subject to the following conditions:

Accordingly, 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 No.I, Thoothukudi, 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 No.I, Thoothukudi.

[c] If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.I, Thoothukudi.

[d] the petitioner shall appear before the learned Judicial Magistrate No.I, Thoothukudi, 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.