Naveenkumar v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/04/2025 PRESENT The HONOURABLE MR. JUSTICE R. SAKTHIVEL
1. Naveenkumar
2. Madhesh
3. Kenasiyan
4. Simson ... Petitioners/A1 to A4 Vs The State of Tamil Nadu Rep. by The Inspector of Police, Vallathirakkottai Police Station, Pudukottai District.
Crime No.31 of 2025 ... Respondent/Complainant For Petitioners:
Mr.D.Rameshkumar, 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.31 of 2025 on the file of the respondent-police. 1/5
ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioners on 01.04.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant bail.
2. The petitioners/Accused Nos.1 to 4 were arrested and remanded to judicial custody on 24.03.2025 for the offences punishable under Sections 20 and 25(1A) of the Arms Act, 1959, in Crime No.31 of 2025, on the file of the respondent-police.
3. The case of the prosecution is that on 24.03.2025, the petitioners illegally assembled and threatened the general public by showing an iron sword, an iron knife, and other weapons. On seeing the police officials, they attempted to escape. However, the police apprehended them. Hence, the complaint.
4. Mr.D.Rameshkumar, learned counsel appearing for the petitioners, submits that the petitioners have nothing to do with the alleged offence and that a false case has been foisted against the petitioners. He further submits that the petitioners are ready to abide by any conditions that may be imposed by this Court. He further submits that the petitioners have been in incarceration since 24.03.2025. Therefore, he prays for granting bail to the petitioners.
5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that there are totally four accused 2/5
persons in this case. He further submits that the first and second petitioners have two previous cases each, while the third and fourth petitioners have one previous case each. He also submits that if the petitioners are enlarged on bail, they may cause threat to the public and witnesses. Additionally, he submits that no one has sustained any injury in this case. However, he prays to dismiss this petition.
6. Heard on both sides. This Court has perused the records.
7. The petitioners have permanent residence, and therefore, there is less possibility of absconding. Considering the same, and also considering the nature of the offence allegedly committed by the petitioners, and taking note of the fact that no one has sustained injury, and with a view to give one more opportunity to the petitioners to reform themselves, this Court is inclined to grant an order of bail to the petitioners, however, subject to the following conditions: (i) The petitioners shall execute a bond for Rs.20,000/- (Rupees Twenty Thousand only) each along with two sureties each for a like sum of Rs.20,000/- (Rupees Twenty Thousand only) to the satisfaction of the learned Judicial Magistrate No.I, Pudukkottai, Pudukkottai 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 Judicial Magistrate No.I, Pudukkottai, Pudukkottai 3/5
District, shall obtain a copy of any one of identity proofs to ensure their identity; (iii) The petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate No.I, Pudukkottai, Pudukkottai District; (iv) The petitioners shall appear and sign before the respondent-police, daily at 10.00 a.m., until further orders;
(v) The petitioners shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNS, 2023;
(vi) The petitioners shall not commit an offence similar to the offence of they are accused, or suspected, of the commission of which they are suspected; (vii) The petitioners 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence;
(viii) The petitioners shall not, directly or indirectly, cause any threat to the defacto complainant, public and witnesses; and (ix) On breach of any of the aforementioned conditions, learned Judicial Magistrate No.I, Pudukkottai, Pudukkottai District, is entitled to pass appropriate orders against the petitioners 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. 4/5
Shaji vs. State of Kerala [(2005) 13 SCC 283].
8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.
sd/- 03/04/2025 / TRUE COPY / 03/04/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
Vsg TO 1 THE JUDICIAL MAGISTRATE NO.I, PUDUKKOTTAI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.
3 THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKKOTTAI. 4 THE INSPECTOR OF POLICE, VALLATHIRAKKOTTAI POLICE STATION, PUDUKOTTAI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.6102 of 2025 Date :03/04/2025 NBF/SAR/ (03/04/2025) 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5