Harishmohamed v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT [Criminal Jurisdiction] Date : 30.01.2025 PRESENT THE HON`BLE MR.JUSTICE N.ANAND VENKATESH Harishmohamed ... Petitioner/Sole Accused Vs State of Tamil Nadu through the Inspector of Police, Dindigul Town West Police Station, Dindigul Distict.

(Crime No.22 of 2025) ... Respondent/Complainant For petitioner : Mr.M.Suresh, Advocate For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS, 2023 PRAYER :- For Bail in Crime No.22 of 2025 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 17.01.2025 for the alleged offences under Sections 296(b), 221, 351(3) of 1/5

BNS and Section 25(1)(a) of Arms Act, 1959, in Crime No.22 of 2025, on the file of the respondent police, seek bail.

2. The case of the prosecution is that during regular patrol, the petitioner was found in possession of knife. When the police tried to arrest the petitioner, the petitioner is said to have abused the police in filthy language and threatened them with dire consequences.

3. The learned Additional Public Prosecutor, on instructions, submitted that there are 8 previous cases against the petitioner, out of which 3 cases pertain to the offence under Section 307 of IPC and that the petitioner is a rowdy element. The learned Additional Public Prosecutor further submitted that the petitioner was arrested and remanded to judicial custody only on 17.01.2025, and therefore, vehemently opposed the grant of bail to the petitioner.

4. The learned counsel for the petitioner submitted that a false case has been foisted against the petitioner and that no such incident took place.

5. Heard the learned counsel on either side and perused the material records of the case.

6. Taking into consideration the facts and circumstances of the case and considering the manner in which the prosecution has projected this case and taking note of the previous cases pending against the petitioner and also considering the fact 2/5

that the petitioner has suffered incarceration from 17.01.2025, this Court is inclined to grant bail to the petitioner subject to the following 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 No.I, Dindigul 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 appear before the learned Judicial Magistrate No.I, Dindigul, on every Monday, Wednesday, and Friday at 10.30 a.m., until further orders, except on those days when the petitioner has to appear before the court in other cases.

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

[d] the petitioner shall not abscond 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 3/5

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 of BNS, 2023.

sd/- 30/01/2025 / TRUE COPY / 30/01/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

JEN TO 1 THE JUDICIAL MAGISTRATE NO.I, DINDIGUL.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3 THE OFFICER INCHARGE, DISTRICT PRISON, DINDIGUL.

4 THE INSPECTOR OF POLICE, DINDIGUL TOWN WEST POLICE STATION, DINDIGUL DISTICT.

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

4/5

ORDER

IN CRL OP(MD) No.1905 of 2025 Date :30/01/2025 SA/SAR. /30.01.2025/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5