Sarathi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14.05.2025 PRESENT The Hon`ble Mr.Justice K.RAJASEKAR CRL OP(MD)Nos.8706 & 8708 of 2025 1.Sarathi 2.Sankar 3.Kannadasan 4.Mohan 5.Tamilvendhan ... Petitioners Vs.

The Inspector of Police, ... Respondent Crl.O.P.(MD)No.8708 of 2025 1.Kesavan 2.Manikandan 1/6

3.Veerasami 4.Somuraja ... Petitioners Vs.

The Inspector of Police, ... Respondent For Petitioners : Mr.R.Thamarai Selvan (in both Crl.O.Ps.) For Respondent : Mr.B.Nambiselvan, (in both Crl.O.Ps.) Additional Public Prosecutor PETITIONS FOR BAIL Under Sec.483 BNSS, 2023 COMMON PRAYER :- For Bail in Crime No.174 of 2025 on the file of the respondent police. COMMON ORDER : The Court made the following common order :- The petitioners, who were arrested and remanded to judicial custody on 29.04.2025 for the offences punishable under Sections 140(3), 191(1) BNS altered into Sections 127(2), 131, 140(1), 191(2), 191(3), 308(5), 351(3), 61(2) BNS in Crime No.174 of 2025 on the file of the respondent police, seek bail. 2.The case of the prosecution is that there was a pervious enmity between one 2/6

Senthil and accused persons with regard to the sharing of commission from the realestate business, due to which, the petitioners joined hands with other accused, abducted him and kept him in illegal custody for two days. Based on the complaint given by the wife of the said Senthil, the victim was secured and the accused were arrested.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. However, they have been arrested and they are languishing in jail from 29.04.2025. Therefore, he prays for grant of bail. 4.The learned Additional Public Prosecutor appearing for the respondent submitted that A7-third petitioner in Crl.O.P.(MD)No.8708 of 2025 is having five previous cases and there is no previous case against the other petitioners. 5.Considering the facts and circumstances of the case and also considering the fact that the victim was already secured and except third petitioner/A7, other accused persons are not having previous case, this Court is inclined to grant bail to the petitioners, except third petitioner/A7 on certain conditions. Since the third petitioner/A7 is having five previous cases, this Court is not inclined to grant bail to the third petitioner/A7. Accordingly, the Criminal Original Petition in Crl.O.P. (MD)No.8708 of 2025 is dismissed insofar as the third petitioner/A7 is concerned. 3/6

6.In view of the above, the Criminal Original Petition in Crl.O.P.(MD)No.8706 of 2025 is allowed and the Criminal Original Petition in Crl.O.P.(MD)No.8708 of 2025 is partly-allowed and the petitioners/A9, A10, A11, A12, A13, A5, A6 & A8 are ordered to be released on bail, on executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.2, Kumbakonam; (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/A9, A10, A11, A12, A13, A5, A6 & A8 shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required;

(iii)the petitioners shall not tamper with evidence or witness; iv)the petitioners/A9, A10, A11, A12, A13, A5, A6 & A8 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/A9, A10, A11, A12, A13, A5, A6 & A8 in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court 4/6

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.

gns TO 1 THE JUDICIAL MAGISTRATE NO.II, KUMBAKONAM.

2 THE CHIEF JUDICIAL MAGISTRATE THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE OFFICER INCHARGE, SUB JAIL, KUMBAKONAM.

4. The Inspector of Police,

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

+2 CC to M/s.R.THAMARAI SELVAN, Advocate ( SR-5515 & 5516[I] dated 14/05/2025 ) 5/6

ORDER

IN CRL OP(MD) Nos.8706 & 8708 of 2025 Date :14/05/2025 MK/SAR /15.05.2025 6P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6