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Madras High CourtCRL OP(MD)/8809/2025allowed

Joel @ Joel Pushparaj v. The State Of Tamil Nadu

2025-05-21Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21.05.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI Joel @ Joel Pushparaj ... Petitioner Vs The Inspector of Police, Uthumalai Police Station, Tenkasi District.

In Crime No.198 of 2025 ... Respondent For Petitioner : Mr.A.Mohan For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 BNSS, 2023 PRAYER :- For Bail in Crime No.198 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 05.05.2025 for the offences punishable under Section 353(1)(b) BNS 2023 1/4

r/w Section 25(1A) of the Arms Act in Crime No.198 of 2025 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner found in a video, which was posted in a social media, wherein, he is allegedly seen holding sickle. Hence, the case.

3.The learned counsel for the petitioner would submit that the petitioner is a college student and he has not committed any offence as alleged by the prosecution. However, he has been arrested and he is languishing in jail from 05.05.2025. Therefore, he prays for grant of bail.

4.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner is having two previous cases. 5.Considering the facts and circumstances of the case and considering the period of incarceration and also considering the fact that almost investigation might have been completed by this time, this Court is inclined to grant bail to the petitioner on certain conditions.

6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Alangulam 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/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; b)the petitioner shall report before the Inspector of Police, Tenkasi Police Station, Tenkasi daily at 10.30 a.m., for a period of thirty days and thereafter as and when required.

c)the petitioner shall not tamper with evidence or witness; d)the petitioner shall not abscond during trial. e)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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 / 22/05/2025 Sub-Assistant Registrar (V) Madurai Bench of Madras High Court, Madurai - 625 023.

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gns TO

1. The Judicial Magistrate, Alangulam.

2. Do through the Chief Judicial Magistrate, Tenkasi District.

3. The Superintendent, Central Prison, Palayamkottai.

4. The Inspector of Police, Uthumalai Police Station, Tenkasi District.

5. The Inspector of Police, Tenkasi Police Station, Tenkasi.

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

ORDER

IN CRL OP(MD) No.8809 of 2025 Date :21/05/2025 NBF/22.05.2025 4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4