Yogaraja v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/04/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Yogaraja ... Petitioner/Sole Accused Vs.

The State of Tamil Nadu Rep. by the Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

Crime No.555 of 2024 ... Respondent/Complainant For Petitioner : Mr.D.S.Haroon Rasheed Advocate For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Criminal Side) PETITION FOR BAIL Under Sec.483 of BNSS, 2023 PRAYER :- For Bail in Crime No.555 of 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 24.04.2025 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to 1/6

grant bail.

2. The petitioner/sole accused was arrested and remanded to judicial custody on 21.02.2025 for the alleged offences punishable under Sections 326(g) of Bharatiya Nyaya Sanhita (BNS), 2023, in Crime No.555 of 2024, on the file of the respondentpolice.

3. The case of the prosecution is that on 29.12.2024 at about 1.30 am., the petitioner herein by using petrol set fire on the defacto complainant's vehicle bearing Regn.No.TN-64-V-5025, which was parked in front of defacto complainant's house. Hence, the case.

4. Mr.D.S.Haroon Rasheed, learned counsel appearing for the petitioner, submits that the petitioner is an innocent person, that he has not committed any offence as alleged by the prosecution and that he has been falsely implicated in this case. He further submits that the petitioner has been judicial custody since 21.02.2025 and is ready to abide by any conditions that may be imposed by this Court. Accordingly, he prays to grant bail to this petitioner.

5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that the petitioner has 8 previous cases and is a history-sheeter and that the damage caused is worth about Rs.15,000/- . He further submits that this is the second bail petition and that the earlier petition 2/6

filed by the petitioner in Crl.O.P (MD) No.5583 of 2025 was dismissed by this Court vide order dated 26.03.2025. He further submits that the investigation in this case has been completed and the charge sheet has been filed before the concerned Court. He further submits that if the petitioner is released on bail, he may abscond, thereby causing delay in the investigation and may also cause threat to the defacto complainant and other witnesses. Hence, he prays for dismissal of this petition.

6. Heard on both sides and perused the case file.

7. The petitioner was arrested on 21.02.2025 and has been in judicial custody since then. In view of the offences allegedly committed by the petitioner and the fact that investigation in this case has been completed and charge sheet has been filed before the concerned Court, this Court is of the opinion that further custody of the petitioner is not necessary for the Investigating 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 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.10,000/- (Rupees Ten Thousand only) along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten 3/6

Thousand only) to the satisfaction of the learned Judicial Magistrate, Thiruppuvanam;

(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, Thiruppuvanam, 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, Thiruppuvanam; (iv) The petitioner shall stay at Trichy after execution of suretyship and shall appear and sign before the Inspector of Police, Cantonment Police Station, Trichy daily at 10.00 am and 5.00 pm 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

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(viii) The petitioner shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses; and (ix) On breach of any of the aforementioned conditions, the learned Judicial Magistrate, Thiruppuvanam, 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/- 28/04/2025 / 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, THIRUPPUVANAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE OFFICER INCHARGE, DISTRICT PRISON, RAMANATHAPURAM.

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4 THE INSPECTOR OF POLICE, CANTONMENT POLICE STATION, TRICHY 5 THE INSPECTOR OF POLICE, THIRUPPUVANAM POLICE STATION, SIVAGANGAI DISTRICT.

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

ORDER IN CRL OP(MD) No.7820 of 2025 Date :28/04/2025 SA/SAR. /29.04.2025/6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6