Arun Pandian v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/05/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Arun Pandian ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep By, The Inspector of Police, Pappakudi Police Station, Tirunelveli District.

(Crime No.52/2025) ... Respondent/Complainant For Petitioner : Mr.P.Praveenkumar, Advocate For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS, 2023 PRAYER :- For Bail in Cr.No.52 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 petitioner on 05.05.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant bail.

2. The petitioner / Sole Accused was arrested and remanded to judicial custody on 18.02.2025 for the offences punishable under Sections 296(b), 308(4) and 351(3) of BNS, 2023 r/w 25(1A) of the Arms Act in Crime No.52 of 2025 on the file of the respondent-police.

3. The case of the prosecution is that on 18.02.2025, at about 09.00 a.m., while the defacto complainant and his friend were standing near Samathuvapuram Villaku, at that time, the petitioner entered quarrel with the defacto complainant and also tried to attack the defacto complainant with aruval. Hence, the case.

4. Mr.P.Praveenkumar, learned counsel 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, 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 was arrested and remanded to judicial custody since 18.02.2025. He further submits that no one sustained injury in this crime. He therefore prays for grant of bail to the petitioner. 2/6

5. Per contra, Mr.S.S.Manoj, the learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that there are 18 previous cases pending against the petitioner. He further submits that if bail is granted to the petitioner, he will commit the similar offence again. Accordingly, he prays to dismiss this Criminal Original Petition.

6. Heard on both sides and perused the records.

7. The petitioner was arrested on 18.02.2025. In view of the offences allegedly committed by the petitioner, and further, the petitioner has permanent residence, and hence, there is less possibility of absconding. Considering the same, and also considering the period of incarceration and also considering the fact that no one sustained injury, 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.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the learned Judicial Magistrate, Alangulam;

(ii) The sureties shall affix their photographs and left thumb impression in the 3/6

Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judicial Magistrate, Alangulam, 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, Alangulam;

(iv) The petitioner shall appear and sign before the learned Judicial Magistrate, Alangulam, in all working days at 10.30 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 BNSS, 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 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 defacto complainant and witnesses; and (ix) On breach of any of the aforementioned conditions, the learned Judicial Magistrate, Alangulam, is entitled to pass appropriate orders against the petitioner 4/6

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/- 08/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO

1. THE JUDICIAL MAGISTRATE, ALANGULAM.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THIRUNELVELI DISTRICT.

3. THE OFFICER-IN-CHARGE, DISTRICT JAIL, PERURANI, TUTICORIN.

4. THE INSPECTOR OF POLICE, PAPPAKUDI POLICE STATION, TIRUNELVELI DISTRICT.

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

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ORDER

IN CRL OP(MD) No.8383 of 2025 Date :08/05/2025 HPS/12.05.2025 /6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6