Babu Alexander v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/02/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Babu Alexander ... Petitioner/ sole Accused Vs The State of Tamil Nadu, Rep by the Inspector of Police, Seevalaperi Police Station, Tirunelveli District.

In Crime No.600/2024..

... Respondent/Complainant For Petitioner : Mr.P.M.Basil, Advocate.

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.600/2024 on the file of the respondent Police. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 03.02.2025 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grant 1/5

bail.

2. The petitioner/ sole accused was arrested and remanded to judicial custody on 15.11.2024 for the alleged offences punishable under Sections 126(2), 296(b), 309(4) and 311 of BNS in Crime No.600 of 2024 on the file of the respondent police.

3. The case of the prosecution is that on 15.11.2024 at about 11.00 a.m., when the defacto complainant was travelling in a bike along with his friends, the petitioner herein has intercepted them with Aruval and snatched Rs.520/- from the defacto complainant. When they raised alarm, the petitioner abused in filthy language and threatened with dire consequences. Public also came there. The petitioner herein threatened them and ran away from the spot. Hence the complaint.

4. Mr.P.M.Basil, learned counsel appearing for the petitioner submitted that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution and a false case has been registered against the petitioner. He would further submit that the petitioner has been in judicial custody from 15.11.2024 and pray for granting bail to the petitioner.

5. Per contra, Mr.R. Meenakshi Sundaram, learned Additional Public Prosecutor appearing for the respondent police, submitted that the petitioner her ein has two previous cases and he is a History Sheeted Rowdy. He would further submit that the investigation of this case has already been completed and the charge sheet has been 2/5

filed before the concerned Court through E.filing. In view of the antecedents of the petitioner, the learned Additional Public Prosecutor prayed for dismissal of this petition.

6. Heard on both sides. This Court has perused the records.

7. The petitioner was arrested on 15.11.2024 and he has been in incarceration since 15.11.2024. On perusing the records it reveals the fact that the petitioner has permanent residence and deep roots in the society. Hence, there is less possibility of absconding.

8. Considering the nature of offence and with a view to give one more opportunity to reform himself, this Court is inclined to grant bail to the petitioner, however, subject to certain conditions. Accordingly, bail is granted to the petitioner subject to the following conditions:

(i) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the satisfaction of the learned Judicial Magistrate No.III, Thirunelveli;

(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]. The learned Judicial Magistrate No.III, Thirunelveli shall obtain a 3/5

copy of any one of identity proofs to ensure their identity; (iii) The petitioner shall furnish his residential address and mobile number; (iv) The petitioner shall appear and sign before the respondent Police daily at 10.30 a.m., until further orders;.

(v)The petitioner shall not enter into the residence of the defacto complainant or his work place.

(vi) The petitioner shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence; and (vii) On breach of any of the aforementioned conditions, the learned Judicial Magistrate No.III, Thirunelveli is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

9. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

sd/- 05/02/2025 (*)Corrected Order Issued / TRUE COPY / 07/02/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

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TRP TO BE SUBSTITUTED WITH THE ORDER DT.05/02/2025 IS ALREADY DESPATCHED TO 1 THE JUDICIAL MAGISTRATE NO.III, THIRUNELVELI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

4 THE INSPECTOR OF POLICE, SEEVALAPERI POLICE STATION, TIRUNELVELI DISTRICT.

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

+1 CC to M/s.P.M.BASIL, Advocate ( SR-1401[I] dated 05/02/2025 )

ORDER

IN CRL OP(MD) No.2247 of 2025 Date :05/02/2025 SA/SAR. /07.02.2025/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5