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Madras High CourtCRL OP(MD)/8843/2025allowed

Rajapandi v. The Inspector Of Police

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 Rajapandi ... Petitioner Vs The Inspector of Police, Jayamangalam Police Station, Theni District.

(Cr.No.98 of 2025) ... Respondent For Petitioner : Mr.S.Arokia Selva Ramesh For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 BNSS, 2023 PRAYER :- For Bail in Crime No.98 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 11.05.2025 for the offences punishable under Sections 296(b), 132 BNS and Section 25(1A) of the Arms Act, 1959 in Crime No.98 of 2025 on the file of the respondent police, seeks bail.

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2.The case of the prosecution is that the petitioner has abused and threatened the general public by showing aruval. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he has been arrested and he is languishing in jail from 11.05.2025. Therefore, he prays for grant of bail. 4.The learned Additional Public Prosecutor appearing for the respondent would submit that there is no previous case pending against the petitioner. 5.Considering the facts and circumstances of the case and considering the period of incarceration and also considering the fact that there is no previous case pending against the petitioner, 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, Periyakulam, Theni District and on further conditions that, 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 2/4

card or Bank Pass Book to ensure their identity. b)the petitioner shall report before the respondent police 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 / /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, Periyakulam, Theni District.

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

3. The Superintendent, Sub Jail, Periyakulam. 3/4

4. The Inspector of Police,Jayamangalam Police Station,Theni District.

5. The Additional Public Prosecutor,Madurai Bench of Madras High Court,Madurai. +1 CC to M/s.S.AROKIA SELVA RAMESH, Advocate ( SR-5622[I] dated 22/05/2025 ) ORDER IN CRL OP(MD) No.8843 of 2025 Date :21/05/2025 PP/23.05.2025 4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4