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Madras High CourtCRL OP(MD)/8710/2025allowed

Kalimuthu v. State Of Tamilnadu Rep By Inspector Of Police, Ettayapuram

2025-05-14Honourable Mr.Justice K.Rajasekar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14.05.2025 PRESENT The Hon`ble Mr.Justice K.RAJASEKAR 1.Kalimuthu 2.Azhagarsamy ... Petitioners Vs The Inspector of Police, Ettayapuram Police Station, Thoothukudi District.

(Cr.No.45 of 2025) ... Respondent For Petitioners :

Mr.K.Dinesh For Respondent :

Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 BNSS, 2023 PRAYER :- For Bail in Crime No.45 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners/Accused Nos.2 & 6, who were arrested and remanded to judicial custody on 01.03.2025 for the offences punishable under Sections 179, 180 1/4

BNS altered into Sections 179, 180, 3(5) BNS in Crime No.45 of 2025 on the file of the respondent police, seek bail.

2.The case of the prosecution is that the petitioners joined hands with other accused have attempted to circulate counterfeit currency notes to the tune of Rs.19,000/-. Hence, the complaint.

3.The learned counsel for the petitioners submitted that the petitioners are not aware of the nature of the currency and they are also victim to the first accused. However, they have been arrested and they are languishing in jail from 01.03.2025. Therefore, he prays for grant of bail.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that 5 notes from A2 and two notes from A6 were recovered, while they have attempted to circulate the same in the market by purchasing goats. Further, he submitted that there is no previous case pending against the petitioners. 5.Considering the facts and circumstances of the case and also considering the fact that there is no previous case pending against the petitioner, 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 with two sureties each for a like sum to the 2/4

satisfaction of the learned Judicial Magistrate No.II, Kovilpatti; (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., 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 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.

gns 3/4

TO

1. The Judicial Magistrate No.II, Kovilpatti.

2 THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI DISTRICT

3. The Superintendent, Central Prison, Palayamkottai.

4. The Inspector of Police, Ettayapuram 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-5529[I] dated 14/05/2025 ) ORDER IN CRL OP(MD) No.8710 of 2025 Date :14/05/2025 MK/SAR /15.05.2025 4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4