Alex v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/05/2025 PRESENT The HONOURABLE MS. JUSTICE R.POORNIMA Alex, S/o.Sundaram, 1/136, Mavilikottai, Uruvatti, Devakottai Taluk, Sivagangai District.

... Petitioner/Accused No.2 Vs The State of Tamil Nadu, Rep.By, the Inspector of Police, Ponnamaravathi Police Station, Pudukottai District.

(Crime No.300 of 2022).

... Respondent/Complainant For Petitioner : M/s.S.Poornachandran, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS 1/4

PRAYER :- For Bail in Crime No.300 of 2022 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner / Accused No.2, who was arrested and remanded to judicial custody on 02.05.2023 for the offences punishable under Sections 449, 380 and 302 of the Indian Penal Code, 1860 and subsequently, the Sections were altered to Sections 120(B), 392, 34, 201, 302, 380 and 449 of Indian Penal Code, 1860 in Crime No.300 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with another accused A1 committed murder by robbing 26 grams of Gold jewels and a CCTV Hard Disk worth about Rs.6,250/-. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in custody from 02.05.2023 and he has been in custody for almost 760 days. Hence, he seeks bail.

4. The learned Additional Public Prosecutor would submit that now the case is posted for examination of L.W.30 and 31, out of 38 and they are supposed to examine the Doctor and the Investigating Officer. He would further submit that the co-accused /A1 had already been granted bail by this Court in Crl.O.P(MD) No.6778 of 2025 dated 25.04.2025.

5. Since the trial will also conclude soon and also taking into consideration of 2/4

the long period of incarceration and co-accused in this case has already released been on bail, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties, out of which, one shall be a Government Surety, each for a like sum to the satisfaction of learned Sessions Judge, Mahila Court, Pudukottai 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 appear and sign before the concerned jurisdictional Magistrate on all working days at 10.30 a.m., until further orders. [c] the petitioner shall not abscond either during investigation or trial. [d] the petitioner 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 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 3/4

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/- 28/05/2025 / TRUE COPY / 28 /05/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

MAC TO 1 THE SESSIONS JUDGE, MAHILA COURT, PUDUKKOTTAI.

2 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

3 THE INSPECTOR OF POLICE, PONNAMARAVATHI POLICE STATION, PUDUKOTTAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.8984 of 2025 Date :28/05/2025 SA/SAR. /28.05.2025/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4