← Library
Madras High CourtCRL OP(MD)/8949/2025allowed

Periyarasu v. The State Of Tamil Nadu

2025-05-21Honourable Mr Justice P.Vadamalai5 pages

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

1. Periyarasu, S/o. Shanmugam,Vadakku Theru, Killukkottai Kulathur Taluk, Pudukkottai District..

2. Krishnamoorthy, S/o. Annavu,Kallar Theru, Killukkottai Kulathur Taluk, Pudukkottai District. ... Petitioners/Accused Vs The State of Tamil Nadu, Rep. by Its, the Inspector of Police, Udayalipatti Police Station, Pudukkottai District.

Crime No.54 of 2025. ... Respondent/Complainant For Petitioners : M/s.A.Banumathy, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.54 of 2025 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The Petitioners /Accused who were arrested and remanded to judicial custody on 09.05.2025 for the offences under sections 20, 25(1-A) of Arms Act, in Crime No.54 of 2025 on the file of the respondent police seeks bail.

2. The case of the prosecution is that on 09.05.2025, on secret information, when the respondent police conducted raid at Udaiyalipatti to Killukkottai road, the accused were standing at Killukkottai bus stop and threatened the general public by swinging the deadly weapons. Hence the case.

3. The learned counsel appearing for the Petitioners would submit that the Petitioners are innocent persons and a false case has been foisted against them. He would further submit that the Petitioners ar in custody from 09.05.2025, hence he seeks bail.

4. The learned Additional Public Prosecutor would submit that when the respondent police conducted raid at Udaiyalipatti to Killukkottai road, the accused were standing at Killukkottai bus stop and threatened the general public by swinging the deadly weapons. However he fairly concedes that no one sustained injury.

5. Considering the facts and circumstances of the case and also considering the period of incarceration and also considering the fact that most of the investigation 2/5

might have been completed and no one sustained injury, 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, Keeranur, Pudukkottai, 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 Petitioners shall report before the respondent police daily twice ie. 10.30 a.m., and 5.30 pm.,until further orders.

[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 is 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]. 3/5

[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.

CP TO

1. THE JUDICIAL MAGISTRATE, KEERANUR, PUDUKKOTTAI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.

3. THE OFFICER IN CHARGE, DISTRICT JAIL, PUDUKKOTTAI.

4. THE INSPECTOR OF POLICE, UDAYALIPATTI POLICE STATION, PUDUKKOTTAI DISTRICT.

5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4/5

+1. CC to A.BANUMATHY Advocate SR.No.5573(I)DT.21/05/2025 ORDER IN CRL OP(MD) No.8949 of 2025 Date :21/05/2025 PR/22.05 .2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5