Siman @ Siman Raj v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.06.2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Siman @ Siman Raj ... Petitioner/Accused No.10 Vs.

The State of Tamil Nadu, Rep. by the Inspector of Police, Nilakottai Police Station, Dindigul District.

Crime No. 253 of 2023.

... Respondent/Complainant For Petitioner : Mr.M.Yesudasan, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.253 of 2023 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioner /Accused No.10, who was arrested and remanded to judicial custody on 18.02.2025 in connection with S.C.No.134 of 2024 on the file of the Additional District & Sessions Court, Dindigul for the offences under Sections 147, 148, 302, 120(B), 109, 149 of IPC in Crime No.253 of 2023 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner is arrayed as an Accused No.10 in connection with Crime No.253 of 2023. After completion of the investigation, the respondent police has filed the final report and the same was taken on file by the learned Additional District & Sessions Judge, Dindigul in S.C.NO.134 of 2024. On account of the petitioner's absent before the Trial Court on 18.02.2025, a Non-Bailable Warrant was issued against the petitioner and he was arrested and remanded to the Judicial custody on the same day itself. Hence, the case.

3. The learned counsel for the petitioner would submit that since on the date of hearing before the learned Judge on 18.02.2025, the petitioner came half an hour late, 2/6

the learned Judge has issued a Non-Bailable Warrant against the petitioner. He would further submit that the petitioner will appear before the Trial Court without fail in future. He would further submit that the petitioner was arrested and he is in custody from 18.02.2025. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that on account of the petitioner's absent before the Trial Court on 18.02.2025, a NonBailable Warrant was issued against the petitioner and he was arrested and remanded to the Judicial custody on the same day. He would further submit that the petitioner is having 9 previous cases, out of which 2 are similar in nature. Hence, he opposed to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also taking into consideration of the period of incarceration and the fact that the petitioner was absent only on 18.02.2025 and NBW was issued and executed on the same day, and also the fact that he was remanded to the judicial custody on the same day i.e on 18.02.2025, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

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6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, each for a like sum to the satisfaction of learned learned Additional District & Sessions Judge, Dindigul and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Additional District & Sessions Judge may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioner shall furnish his residential address and mobile number to the learned Additional District & Sessions Judge, Dindigul. If the petitioner changes his residential address, he shall report the same to the concerned Court. [d] the petitioner shall report before the learned Additional District & Sessions Court, Dindigul daily at 10.30 a.m., until further orders. [e] the petitioner shall not abscond either during investigation or trial. [f] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[g] On breach of any of the aforesaid conditions, the learned Additional District & Sessions Judge /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 Additional District & Sessions Judge /Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 10/06/2025 / TRUE COPY / 11/06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

mac TO

1. The Additional District & Sessions Judge , Dindigul.

2. The Superintendent, Central Prison, Trichy.

3. The Inspector of Police, Nilakottai Police Station, 5/6

Dindigul District.

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

ORDER

IN CRL OP(MD) No.8986 of 2025 Date :10/06/2025 HPS/11.06.2025 /6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6