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Madras High CourtCRL OP/18242/2025granted

Palanisamy v. The State Of Tamil Nadu Rep By The Inspector Of Police

2025-06-25Honourable Mr Justice M. Nirmal Kumar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-06-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR PALANISAMY Petitioner Vs The State of Tamil Nadu rep by the Inspector of Police Perumanallur Police Station, Tiruppur District. Crime No.285 of 2025.

Respondent PRAYER Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.285 of 2025 on the file of the respondent police. For Petitioner:

Mr.M.R. Thangavel For Respondent:

Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 04.06.2025, for the offences punishable under Sections 308(3), 127(2), 351(3) of BNS (Corresponding Sections 385, 342, 506 of IPC) in connection with Crime No.285 of 2025, registered on the file of the respondent, seeks bail. 2.The case of the prosecution is that on 03.06.2025, the petitioner along with other co-accused alleged to have extorted a sum of Rs.2,10,000/- on a blackmail by capturing a nude picture of the defacto complainant along with a lady. Hence, the case.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged offence. He submitted that the co-accused have been arrested and also enlarged on bail. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court and he prays for grant of bail to the petitioner.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that in this case totally there are seven accused, petitioner is ranked as A1. He further submitted that a portion of money and 2 sovereigns of gold has been recovered.

5. Heard both sides and perused the materials available on record.

6. Considering the submissions made by the learned counsels on either side and the period of incarceration undergone by the petitioner, 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.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Avinashi, Tiruppur District, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship

[Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall report before the respondent Police everyday at 10.30 a.m.

, for a period of two weeks and thereafter as and when required for interrogation; [c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de-facto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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.

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

25-06-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes Note :

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To 1.The State of Tamil Nadu rep by the Inspector of Police Perumanallur Police Station, Tiruppur District. Crime No.285 of 2025.

2.The Judicial Magistrate, Avinashi, Tiruppur District.

3.The Superintendent, District Prison, Tiruppur.

4.The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR J.

gbi CRL OP No. 18242 of 25-06-2025