Murugan @ Karigiri Murugan v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Murugan @ Karigiri Murugan

...Petitioner/Accused 5

Vs.

State rep by The Inspector of Police, Thiruvalam Police Station, Vellore District, Tamilnadu.

(Crime No.262 of 2016) ...

Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in P.R.C.No.18 of 2021 on the file of the Judicial Magistrate, Katpadi.

For Petitioner :

Mr.G.Nirmal Krishnan For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) Page No.1 of 6

ORDER

This Criminal Original Petition has been filed by the petitioner, who was arrested on PT warrant and remanded to judicial custody on 29.01.2025, seeking bail in P.R.C.No.18 of 2021 on the file of the Judicial Magistrate, Katpadi, for the offence under Sections 342, 364(A) of IPC. 2.It is the case of the prosecution that the petitioner along with the other accused had kidnapped the defacto complainant's husband and threatened him to extort cash of Rs.20 lakhs. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner is innocent; and that the petitioner is in custody from 29.01.2025 and hence, further custody of the petitioner is not required and sought for bail.

4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that there are 12 previous cases pending against the petitioner and he is on bail in those cases. Page No.2 of 6

5.Heard the learned counsel on either side and perused the materials available on record.

6.Considering the nature of allegations, period of incarceration, the fact that the petitioner is on bail in the previous cases, and since further custody of the petitioner is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions. 7.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate, Katpadi, 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 report before the Trial Court everyday at 10.30 a.m., until further orders;

Page No.3 of 6

[c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[e] 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

29.04.2025 ata Page No.4 of 6

Copy to:

1.The Inspector of Police, Thiruvalam Police Station, Vellore District, Tamilnadu.

2.The Judicial Magistrate, Katpadi.

3.The Superintendent of Police, Central Jail, Vellore.

4.The Public Prosecutor, High Court, Madras.

Page No.5 of 6

SUNDER MOHAN, J.

ata 29.04.2025 Page No.6 of 6