Nandu @ Mareeswaran v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Nandu @ Mareeswaran, S/o.Marisamy, Devar Nagar, Nagachi, Uchipuli, Ramanathapuram ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep.By, the Inspector of Police, Uchipuli Police Station, Ramanathapuram District.

(Crime No.91 of 2025).

... Respondent/Complainant For Petitioner : M/s.R.Murugans, 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.91 of 2025 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner / Sole Accused, who was arrested and remanded to judicial custody on 01.05.2025 for the offences punishable under Section 25(1A) of Arms Act, 1959 in Crime No.91 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 01.05.2025, on secret information, when the respondent police was patrolling near Nagachi Devar Nagar, the accused was in illegal possession of a sword and he was threatening the public and also involved in rowdyism. Thereafter, he was apprehended by the public and the property was secured. 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 01.05.2025 i.e 33 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that the accused was in illegal possession of a sword and he was threatening the public and he was apprehended by the public and the property was secured. He would further submit that the petitioner is a history sheet holder having 12 previous cases, hence he objected to grant bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and also 2/5

taking into consideration the period of incarceration and considering the fact that most of the investigation might have been completed, 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.25,000/- (Rupees Twenty Five thousand only) with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate No.II, Ramanathapuram 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 furnish his residential address and mobile number to the learned Judicial Magistrate No.II, Ramanathapuram. If the petitioner changes his residential address, he shall report the same to the concerned Court. [c] the petitioner shall appear and sign before the respondent police daily at 10.30 a.m., until further orders.

[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 3/5

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

sd/- 02/06/2025 / TRUE COPY / 03/06/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

mac TO 1 THE JUDICIAL MAGISTRATE NO.II, RAMANATHAPURAM. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE, UCHIPULI POLICE STATION, RAMANATHAPURAM DISTRICT. 4 THE OFFICER INCHARGE , DISTRICT PRISON, RAMANATHAPURAM.

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

+1 CC to M/s.R.MURUGAN, Advocate ( SR-5849[I] dated 02/06/2025 ) 4/5

ORDER

IN CRL OP(MD) No.9058 of 2025 Date :02/06/2025 NBF/03.06.2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5