Dheepan Kumar @ Hariharan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Dheepan Kumar @ Hariharan ... Petitioner/Accused Vs The State of Tamil Nadu, Rep By, The Inspector of Police, Mathagupatti Police Station, Sivagangai District.

Cr.No.111 of 2025.

... Respondent/Complainant For Petitioner : Mr. Krishnan.A.S, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.111 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 06.05.2025 for the alleged offences punishable under sections 309(4) of BNS, 2023 1/5

in Crime No.111 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 27.04.2025 at about 3.00 hours when the defacto complainant and his friends travelled at Ramalingapuram Vilakku, at that time, the petitioner herein and other accused obstructed them and they have extorted a sum of Rs.1,500/- with knife point from the defacto complainant and flee away from the scene of occurrence. 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 and his name has been falsely implicated in this case. He further submitted that there is no previous case pending against the petitioner. Hence, he seeks bail.

4. The learned Government Advocate (Crl. side) appearing for the respondent - Police submitted that there are two previous cases pending against the petitioner. He further submitted that investigation of the case is pending and hence, he opposed to grant bail to the petitioner.

5. Per contra, the learned counsel for the petitioner submits that two cases have been registered against the petitioner only for statistical purpose after registration of the present case.

6. Taking into consideration the facts and circumstances of the case and also considering the fact that the petitioner has been in judicial custody from 06.05.2025, 2/5

this court is inclined to grant bail to the petitioners, subject to the certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Sivagangai, Sivagangai District, and on further conditions that :- [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 petitioner shall report before the respondent police daily at 10.30 am until further orders;

[c] the petitioner shall submit his residential address and contact number before the learned Judicial Magistrate No.II, Sivagangai, Sivagangai District. If he changes the residence, he shall inform the same to the concerned Magistrate without fail.

[d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[f] 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 3/5

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]; and [g] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 04/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO

1. The Judicial Magistrate No.II, Sivagangai, Sivagangai District.

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

3 THE OFFICER INCHARGE DISTRICT JAIL, RAMANATHAPURAM.

4. The Inspector of Police, Mathagupatti Police Station, Sivagangai District.

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

+1 CC to M/s.A.S.KRISHNAN, Advocate ( SR-5932[I] dated 05/06/2025 )

ORDER

IN CRL OP(MD) No.8936 of 2025 Date :04/06/2025 MK/05.06.2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5