Ranjithkumar v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/03/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL CRL OP(MD). No.4723 of 2025 Ranjithkumar ... Petitioner/Sole Accused Vs.
The State of Tamil Nadu, Rep. by the Inspector of Police, Puliangudi Police Station, Tenkasi District.
(Crime No. 134 of 2025) ... Respondent/Complainant For Petitioner : Mr.A.Robinson, Advocate For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.134 of 2025 on the file of the respondent-police. ORDER : The Court made the following order :- 1/6
This Criminal Original Petition has been filed by the petitioner on 11.03.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant bail.
2. The petitioner/Sole Accused was arrested and remanded to judicial custody on 22.02.2025 for the offences punishable under Sections 296(b), 109(1) and 351(3) of Bharatiya Nyaya Sanhita, 2023, in Crime No.134 of 2025 on the file of the respondentpolice.
3. The case of the prosecution is that on 22.02.2025, the defacto complainant made a complaint before the respondent-police stating that he is working as a supplier at the private bar, and on 18.02.2025, at about 11:30 a.m., a word quarrel occurred at the bar between the petitioner and one Poosaithurai. During the quarrel, the petitioner broke a beer bottle, which was questioned by the defacto complainant. Thereafter, they left the bar. Out of vengeance, on 22.02.2025, at about 10:00 a.m., when the defacto complainant was heading to the bar, the petitioner called him, abused him in filthy language, and attempted to assault him with a sickle to his neck. When the defacto complainant's colleagues arrived, the petitioner criminally intimidated the defacto complainant and left the place. Hence, the case.
4. Mr.A.Robinson, learned counsel appearing for the petitioner, submits that the petitioner is an innocent person, and he has not committed any offence as alleged by 2/6
the prosecution, and a false case has been foisted against the petitioner. He however submits that he is ready to abide by any conditions that may be imposed by this Court. He further submits that the petitioner has been in incarceration since 22.02.2025. Therefore, he prays for granting bail to the petitioner.
5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Criminal Side) appearing for the respondent-Police, submits that there are six previous cases against the petitioner, and the defacto complainant has not sustained any injury in the said occurrence. He further submits that investigation of the case is still pending, and therefore, at this stage, if petitioner is enlarged on bail, he will cause threat to the defacto complainant and the witnesses. Therefore, he vehemently opposes to grant bail to the petitioner.
6. Heard on both sides. This Court has perused the records.
7. The petitioner has permanent residence. Therefore, there is less possibility of absconding. Considering the same, and also considering the fact and circumstances of the case, and taking note of the facts that the defacto complainant has not sustained any injury and that the petitioner has been in judicial custody since 22.02.2025, and with a view to give one more opportunity to the petitioner to reform himself, this Court is inclined to grant an order of bail to the petitioner, however, subject to the following conditions:
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(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 District Munsif - cum - Judicial Magistrate, Sivagiri, Thenkasi District; (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 District Munsif - cum - Judicial Magistrate, Sivagiri, Thenkasi District shall obtain a copy of any one of identity proofs to ensure their identity;
(iii) The petitioner shall furnish his residential address and mobile number to the learned District Munsif - cum - Judicial Magistrate, Sivagiri, Thenkasi District; (iv) The petitioner shall appear and sign before the respondent-police daily at 10.00 a.m., and 05.00 p.m., until further orders; (v) The petitioner shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNS, 2023;
(vi) The petitioner shall not commit an offence similar to the offence of he is accused, or suspected, of the commission of which he is suspected; (vii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him 4/6
from disclosing such facts to the Court or to any police officer or tamper with the evidence;
(viii) The petitioner should not enter into the residence of the defacto complainant or his workplace, particularly where the bar is located, until further orders;
(ix) The petitioner shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses; and (x) On breach of any of the aforementioned conditions, the learned District Munsif - cum - Judicial Magistrate, Sivagiri, Thenkasi District, 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].
8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.
sd/- 13/03/2025 / TRUE COPY / 14/03/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
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pal TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, SIVAGIRI, THENKASI DISTRICT.
2 DO-THROUGH :THE CHIEF JUDICIAL MAGISTRATE, THENKASI DISTRICT.
3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAM KOTTAI, TIRUNELVELI DISTRICT. 4 THE INSPECTOR OF POLICE, PULIANGUDI POLICE STATION,TENKASI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.
+1 CC to M/s.A.ROBINSON, Advocate ( SR-2763[I] dated 13/03/2025 )
ORDER
IN CRL OP(MD) No.4723 of 2025 Date :13/03/2025 NBF/SAR/ (14/03/2025) 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6