Lakshmanan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/04/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL

1. Lakshmanan

2. Ramar ... Petitioners/A1 & A2 Vs.

The State of Tamil Nadu Rep. by the Inspector of Police, Keerathurai Police Station, Madurai District.

In Crime No.228 of 2025.

... Respondent/Complainant For Petitioners: Mr.S.Muthu Malai Raja, 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.228 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 28.04.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant an order of bail.

2. The petitioners/Accused Nos.1 and 2 were arrested and remanded to judicial custody on 10.04.2025 for the offences punishable under Section 310(4) of Bharatiya Nyaya Sanhita (BNS), 2023 in Crime No.228 of 2025 on the file of the respondentpolice.

3. The case of the prosecution is that on 10.04.2025, at about 08:30 a.m., based on secret information, the respondent-police went near Devar Silai at Kamarajapuram, Madurai Town, where they found that the petitioners, along with other accused persons, were preparing to commit a dacoity, all of them being armed with deadly weapons. On seeing the police, the petitioners, along with the other accused persons, attempted to flee from the place. However, the respondent police surrounded them and seized a knife and aruvals from their possession. There are totally eight accused persons in this case, and the petitioners have been arrayed as Accused Nos.1 and 2. Hence, the case.

4. Mr.S.Muthu Malai Raja, learned counsel appearing for the petitioners, submits that the petitioners have not committed any offence as alleged by the 2/6

prosecution and that a false case has been foisted against the petitioners. He further submits that the petitioners have been in judicial custody since 10.04.2025 and are ready to abide by any conditions that may be imposed by this Court. Hence, he prays to grant bail to the petitioners.

5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that both the petitioners herein have one previous case registered against them, relating to offences punishable under Section 302 of the Indian Penal Code, 1860. He further submits that if the petitioners are enlarged on bail, they may abscond, thereby causing delay in the investigation proceedings. He further submits that no one sustained injuries. However, he vehemently opposes to grant bail to the petitioners.

6. Heard on both sides and perused the records.

7. The petitioners were arrested and have been in judicial custody since 10.04.2025. In view of the offences allegedly committed by the petitioners and taking note of the fact that no one sustained injury in this case, this Court is of the opinion that further custody of the petitioners is not necessary for the Investigating Agency in this case. Further, the petitioners have permanent residence, and hence, there is less possibility of absconding. Considering the above and with a view to give one more opportunity to the petitioners to reform themselves, this Court is inclined to grant 3/6

bail to the petitioners, however, subject to certain conditions. Accordingly, bail is granted to the petitioners subject to the following conditions: (i) The petitioners shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only) each along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned Judicial Magistrate VI, Madurai; (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 VI, Madurai, 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 VI, Madurai;

(iv) The petitioners shall appear and sign before the respondent-police daily at 10:30 a.m., and 05.00 p.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 which 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 4/6

from disclosing such facts to the Court or to any police officer or tamper with the evidence; and (viii) On breach of any of the aforementioned conditions, the learned Judicial Magistrate VI, Madurai 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/- 30/04/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1 THE JUDICIAL MAGISTRATE NO.VI, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE OFFICER INCHARGE, DINDIGUL DISTRICT PRISON, DINDIGUL.

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4 THE INSPECTOR OF POLICE, KEERATHURAI POLICE STATION, MADURAI DISTRICT.

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

+1 CC to M/s.S.MUTHUMALAI RAJA, Advocate ( SR-5128[I] dated 30/04/2025 )

ORDER

IN Date :30/04/2025 SA/SAR. /02.05.2025/6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6