Pavinraj v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/04/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Pavinraj ... Petitioner/Accused No.1 Vs.

The State of Tamil Nadu Rep. by the Inspector of Police, Alangudi Police Station, Pudukkottai District.

(Crime No.92 of 2025) ... Respondent/Complainant For Petitioner : Mr.D.Rameshkumar Advocate For Respondent : Mr.K.Sanjai Gandhi Government Advocate (Criminal Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.92 of 2025 on the file of the respondent-police. 1/6

ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioners on 17.04.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant bail.

2. The petitioner/Accused No.1 was arrested and remanded to judicial custody on 26.03.2025 for the offences punishable under Section 25(1A) of the Arms Act, 1959, in Crime No.92 of 2025, on the file of the respondent-police.

3. The case of the prosecution is that on 26.03.2025, at about 11:00 hours, when the respondent-police were on surveillance near Kummakulam Junction, they found that the petitioner and other accused person illegally assembled and threatened the general public by showing an iron sword and an iron knife. On seeing the police officials, they attempted to escape. However, the police apprehended them. Hence, the case.

4. Mr.D.Rameshkumar, learned counsel appearing for the petitioner, submits that the petitioner has nothing to do with the alleged offence and that a false case has been foisted against the petitioner. He however submits that the petitioner 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 26.03.2025. Therefore, he prays for granting bail to the petitioner.

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5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that there are totally two accused persons in this case. He further submits that this is the second bail petition filed by the petitioner and that the earlier petition filed by the petitioner, along with A2, was dismissed insofar as this petitioner alone is concerned by this Court vide order dated 08.04.2025 made in Crl.O.P. (MD) No.6445 of 2025. He further submits that the petitioner has three previous cases, out of which one is similar in nature. He also submits that if the petitioner is enlarged on bail, he 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 and perused the records.

7. The petitioner was arrested on 26.03.2025 and has been in judicial custody since then. In view of the nature offences allegedly committed by the petitioner and taking note of the fact that no one has sustained injury in this case, this Court is of the opinion that further custody of the petitioner is not necessary for the Investigation Agency in this case. Further, the petitioner has permanent residence, and therefore, there is less possibility of absconding. Considering the same, and also considering the period of incarceration, 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 3/6

petitioner, however, subject to the following conditions: (i) The petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only) along with two sureties each for a like sum of Rs.10,000/- (Rupees Twenty Thousand only) to the satisfaction of the learned Judicial Magistrate, Alangudi, 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, Alangudi, Pudukkottai 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 Judicial Magistrate, Alangudi, Pudukkottai District; (iv) The petitioner shall appear and sign before the learned Judicial Magistrate, Alangudi, Pudukkottai District, on all working days, at 10.00 a.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 4/6

or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

(viii) The petitioner shall not, directly or indirectly, cause any threat to the general public and witnesses; and (ix) On breach of any of the aforementioned conditions, the learned Judicial Magistrate, Alangudi, Pudukkottai 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/- 22/04/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO 1 THE JUDICIAL MAGISTRATE ALANGUDI, PUDUKKOTTAI DISTRICT.

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2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.

3 THE OFFICER INCHARGE DISTRICT PRISON, PUDUKKOTTAI.

4 THE INSPECTOR OF POLICE ALANGUDI POLICE STATION, PUDUKKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.7202 of 2025 Date :22/04/2025 HPS/SAR / 23.04.2025/6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

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