Arumugam v. Theinspector Of Police, Sattankulam - Thoothukudi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/05/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI

1. Arumugam, S/o Kutty, 3/40, Salai Street, Pettaikulam, Tirunelveli District.

2. Muthukumaran @ Kumaran, S/o. Kannan, Yadhavarsouth Street, Thisaiyanvilai, Tirunelveli District.

... Petitioners/Accused Vs The Inspector of Police, Sattankulam Police Station, Thoothukudi District. (Crime No. 235/2024).

... Respondent/Complainant For Petitioners :

Mr.S.Kasirajan, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 235 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The Petitioners /accused who were arrested and remanded to judicial custody on 20.03.2025 for the offences under sections 308(5) BNS, in Crime No.235 of 2024 on 1/4

the file of the respondent police seek bail.

2. The case of the prosecution is that the petitioners along with other accused extorted Rs.15,000/- from the defacto complainant by threatening him with dire consequences and also picked his cell phone, hence the case.

3. The learned counsel for the Petitioners would submit that the Petitioners are innocent and a false case has been foisted against them. He would further submit that the Petitioners are in custody from 20.03.2025, hence he seeks bail.

4. The learned Additional Public Prosecutor would submit that the accused extorted Rs.15,000/- from the defacto complainant by threatening him with dire consequences and also picked his cell phone. He would further submit that the Petitioners are having previous cases, hence he objected to grant bail to the Petitioners.

5. Taking into consideration the facts and circumstances of the case and also taking into consideration the period of incarceration, this court is inclined to grant bail to the Petitioners, subject to the following conditions:

6. Accordingly, the Petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate, Sattankulam and on further conditions that :- 2/4

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the Petitioners shall report before the respondent police daily at 10.30 a.m. for a period of 30 days and thereafter as and when required for interrogation. [c] the Petitioners shall not abscond either during investigation or trial. [d] the Petitioners shall not tamper with evidence or witness either during investigation or trial.

[e] 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 21/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

3/4

CP/LS TO

1. The Judicial Magistrate, Sattankulam.

2. Do-Through The Chief Judicial Magistrate, Thirunelveli District.

3. The Officer Incharge, District Jail, Perurani, Thoothukudi.

4. The Inspector of Police, Sattankulam Police Station, Thoothukudi District.

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

ORDER

IN CRL OP(MD) No.8793 of 2025 Date :21/05/2025 NBF/23.05.2025 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4