Rameshkumar @ Maina v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.05.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Rameshkumar @ Maina ... Petitioner / Sole Accused Vs The State of Tamilnadu, Rep. By the Inspector of Police, Dindigul Town West Police Station, Dindigul District.

(Crime No.104 of 2025) ... Respondent/Complainant For Petitioner : Mr.M.Karthick For Respondent : Mr.S.S.Manoj Government Advocate (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For bail in Crime No.104 of 2025 on the file of the respondent-police. ORDER : The Court made the following order :- 1/6

This Criminal Original Petition has been filed by the petitioner on 05.05.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grant bail.

2. The petitioner / sole accused was arrested and remanded to judicial custody on 23.03.2025 for the alleged offences punishable under Section 296(b), 221 and 351

(3) of BNS, 2023 r/w 25(1) (a) of the Arms Act in Crime No.104 of 2025 on the file of the respondent-police.

3. The case of the prosecution is that on 23.03.2025, at about 05.30 p.m., the Police officials were on patrolling duty near Dindigul Thadikombu Road Vengaya Pettai. Where they saw accused with frighteningly long knife having wooden handle. On seeing the Police officials, the petitioner threatened them by showing that knife and abused them by using filthy language. Hence the case.

4. Mr.M.Karthick, the learned counsel appearing for the petitioner submits that the petitioner did not commit any offence as alleged by the prosecution and that a false case has been foisted against the petitioner. He further submits that the petitioner has been in judicial custody since 23.03.2025. He however submits that the 2/6

petitioner is ready to abide by any condition to be imposed by this Court. He therefore prays to grant bail to the petitioner.

5. Mr.S.S.Manoj, Government Advocate (Crl. Side) appearing for the respondent-police, submits that the petitioner herein threatened the police officials by showing knife and abused them by using filthy language. He further submits that the petitioner have 7 previous cases. If the petitioner released on bail, he may abscond and tamper with evidence. Accordingly, he prays to dismiss this Criminal Original Petition.

6. Heard on both sides. This Court has perused the records.

7. The petitioner was arrested on 23.03.2025 and has been in judicial custody since then. Considering the nature of offences alleged against the petitioner and also considering the fact that there was no one injured this case. Hence, with a view to give an 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 3/6

only) 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 No.1, Dindigul; (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 No.1, Dindigul, shall obtain a copy of any one of identity proofs to ensure their identity; (iii) The petitioner shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNS, 2023; (iv) The petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected; (v) 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;

(vi) The petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate I, Dindigul;

(vii) The petitioner shall appear and sign before the respondent-Police daily at 10.30 a.m., until further orders;

(viii) On breach of any of the aforementioned conditions, the learned Judicial 4/6

Magistrate No.1, Dindigul, 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/- 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.

trp TO 1.The Judicial Magistrate No.1, Dindigul.

2. Do Through- The Chief Judicial Magistrate, Dindigul.

3.The Officer-in-Charge, District Jail, Dindigul.

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4.The Inspector of Police, Dindigul Town West Police Station, Dindigul District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.8395 of 2025 Date :08/05/2025 VN/12.05.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6