Allowed

Moorthi v. The State of Tamilnadu

Madras HC18 Jun 2025CRL OP(MD)/10130/2025

Case brief

AI extract

What is this about?

Bail petition by accused arrested for assaulting a Head Constable on official patrol duty in Madurai. Court granted regular bail considering nature of offence and period of incarceration, subject to conditions including daily appearance before police and bond with two sureties.

What did the court decide?

Petitioner released on bail on executing Rs.10,000 bond with two sureties, subject to conditions including daily appearance before respondent police at 10:30 a.m.

Moorthi Vs The State of Tamilnadu — Bail and Remand | Madras HC (2025)

¶1

CRL OP(MD). No.10130 of 2025

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

( Criminal Jurisdiction )

¶4

Date : 18.06.2025

¶5

PRESENT

¶6

The HONOURABLE MR.JUSTICE P.VADAMALAI

¶7

CRL OP(MD). No.10130 of 2025

¶8

Moorthi, S/o.Chinraj ...Petitioner / Sole Accused

¶9

¶10

The State of Tamil Nadu, Rep by the Inspector of Police, Avaniyapuram Police Station, Madurai District. (Crime No.288 of 2025)

¶11

... Respondent/ Complainant

¶12

For Petitioner : Mr.K.Alagumalai, Advocate. For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Criminal Side)

¶13

PETITION FOR BAIL Under Sec.483 of BNSS, 2023.

¶14

PRAYER :- For Bail in Crime No.288 of 2025 on the file of the respondent police.

¶15

https://www.mhc.tn.gov.in/judis

¶16

1/6

¶17

CRL OP(MD). No.10130 of 2025

¶18

ORDER : The Court made the following order :-

¶19

The petitioner / accused, who was arrested and remanded to judicial custody on 21.05.2025 for the offences under Sections 296(b), 121(2), 132, and 351(3) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.288 of 2025 on the file of the respondent police, seeks bail.

¶20

The case of the prosecution is that on 21.05.2025 at 5:00 PM, the petitioner assaulted a Head Constable of V2 Avaniyapuram Police Station, while he was on official patrol duty. It is alleged that, when the said constable questioned the petitioner regarding a prior assault complaint made by his mother, the petitioner abused him in filthy language, slapped him, pushed him to the ground, sat on his chest, and punched him repeatedly. It is further alleged that the petitioner threatened to kill the constable using a stone lying nearby. Hence the case.

¶21

The learned counsel for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He would further submit that a false case has been foisted against the petitioner. He

¶22

would further submit that the injured person was discharged from the hospital on the https://www.mhc.tn.gov.in/judis

¶23

2/6

¶24

CRL OP(MD). No.10130 of 2025

¶25

very next day after the date of occurrence. He would further submit that the petitioner is in custody from 21.05.2025. Hence, he seeks bail.

¶26

The learned Government Advocate (Criminal Side) would submit that the petitioner abused the defacto complainant in filthy language, slapped him, pushed him to the ground, sat on his chest, and punched him repeatedly. He would further submit that there is one previous case against the petitioner. He, however, would submit that the investigation in this case is still pending and that, at this stage, if bail is granted to the petitioner, he will cause threat to the defacto complainant and tamper with the evidence. He, therefore, opposes the grant of bail to the petitioner.

¶27

This Court has heard the learned counsel on both sides and perused the materials available on record.

¶28

Taking into consideration the facts and circumstances of the case and the nature of the offence allegedly committed by the petitioner and also taking into consideration the period of incarceration, this court is inclined to grant bail to the petitioner, however, subject to the following conditions:

¶29

https://www.mhc.tn.gov.in/judis

¶30

3/6

¶31

CRL OP(MD). No.10130 of 2025

¶32

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate No.VI, Madurai, and on further conditions that:-

¶33

[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.

¶34

[b] the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate No.VI, Madurai. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.VI, Madurai.

¶35

[c] the petitioner shall appear and sign before the respondent police daily at

¶36

10.30 a.m. until further orders.

¶37

[d] the petitioner shall not abscond either during investigation or trial.

¶38

[e] the petitioner shall not tamper with evidence or witness either during

¶39

investigation or trial.

¶40

https://www.mhc.tn.gov.in/judis

¶41

4/6

¶42

CRL OP(MD). No.10130 of 2025

¶43

[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] .

¶44

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

¶45

In the result, this Criminal Original Petition is allowed subject to the conditions stated supra.

¶46

sd/18/06/2025 / TRUE COPY / 18/06/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

¶47

PAL

¶48

¶49

1 THE JUDICIAL MAGISTRATE NO.VI MADURAI.

¶50

https://www.mhc.tn.gov.in/judis

¶51

5/6

¶52

CRL OP(MD). No.10130 of 2025

¶53

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI.

¶54

3 THE INSPECTOR OF POLICE, AVANIYAPURAM POLICE STATION, MADURAI

¶55

4 THE OFFICER INCHARGE, DISTRICT JAIL, DINDIGUL.

¶56

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

¶57

+1 CC to M/s.R.MUTHUKUMARAN, Advocate ( SR-6490[I] dated 18/06/2025 )

¶58

ORDER IN CRL OP(MD) No.10130 of 2025 Date :18/06/2025

¶59

SS/SAR- /18/06/2025/ 6P/7C

¶60

Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

¶61

https://www.mhc.tn.gov.in/judis

¶62

6/6

Moorthi v. The State of Tamilnadu

Case brief

What is this about?

What did the court decide?

Moorthi v. The State of Tamilnadu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Parthiban Vs State Of Tamilnadu Rep By Inspector Of Police, Ramanathapuram

Hariharann Vs State Of Tamilnadu Rep By Inspector Of Police, Karuppayurani

Periyadurai Vs The State of Tamil Nadu

Edwin Jacob Vs The State of Tamilnadu

W.C.Thomas Vs The State of Tamil Nadu

S. Gunasundari Vs The State of Tamilnadu