Suresh v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/05/2025 PRESENT THE HONOURABLE MR. JUSTICE K.RAJASEKAR
1. Suresh
2. Saravanamuthu ... Petitioners/Accused Rank not known Vs The State of Tamilnadu, Rep by the Inspector of Police, Tiruchendur Taluk Police Station, Thoothukudi District.
Crime No.176 of 2025..
... Respondent/Complainant For Petitioners : Mr.K.Dinesh, Advocate For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS 1/5
PRAYER :- For Bail in Crime No.176 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners / Accused (Rank not known), who was arrested and remanded to judicial custody on 22.04.2025 for the offences punishable under Sections 3(5), 296 (b), 109 and 351(3) of BNS, 2023 in Crime No.176 of 2025 on the file of the respondent police, seek bail.
2. The allegation against the petitioners is that the petitioners along with other accused persons attempted to commit murder of the victim and caused simple injuries to him.
3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and that they have not committed any offence as alleged by the prosecution. However, they have been arrested and they are languishing in jail from 22.04.2025. He further submits that the co-accused has already been arrested and released on bail. Therefore, he prays for grant of bail. 2/5
4. The learned Additional Public Prosecutor appearing for the respondent opposed for grant of bail on the ground that each petitioner has one previous case. He further submits that the injured has been discharged from the hospital. Accordingly, he prays to dismiss this petition.
5. Considering the facts and circumstances of the case, and also considering the nature of allegation, and also considering the period of incarceration, this Court is inclined to grant bail to the petitioners on certain conditions.
6. Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail, on executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each along with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Tiruchendur, Thoothukudi District;
(i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii)the petitioners shall report before the respondent-police daily at 10.30 a.m., 3/5
for a period of two weeks and thereafter, as and when required for interrogation by the respondent Police;
(iii) the petitioners shall not tamper with evidence or witness; iv) the petitioners shall not abscond during trial. v) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 14/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG 4/5
TO
1. Judicial Magistrate, Tiruchendur, Thoothukudi District.
2. Do-Through The Chief Judicial Magistrate, Tuticorin District.
3. The Officer-in-Charge, District Jail, Perurani, Thoothukudi District.
4. The Inspector of Police, Tiruchendur Taluk Police Station, Thoothukudi District.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.K.DINESH, Advocate ( SR-5530[I] dated 14/05/2025 )
ORDER
IN CRL OP(MD) No.8362 of 2025 Date :14/05/2025 VN/15.05.2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5