Baskar 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 Baskar, S/o.Subramanian, Kaliyamman Kovil Street, Thittal Post, Thanjavur Taluk, Thanjavur District.

...Petitioner/ Accused

Vs The State of Tamil Nadu, Rep.by The Inspector of Police, Thanjavur Taluk Police Station, Thanjavur District.

(Crime No.322 of 2025) ... Respondent/Complainant For Petitioner : M/s.C.Ezhilarasu 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.322 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 22.05.2025 for the offences punishable under Sections 296(b), 351(3) of BNS r/w.3 of TNPPDL Act in Crime No.322 of 2025 on the file of the respondent police, seeks 1/5

bail.

2. The case of the prosecution is that the Defacto-complainant and the petitioner are residing in the same village. There was dispute between the Defactocomplainant and the petitioner regarding the purchase of agricultural land. On 16.05.2025, the petitioner herein alleged to have damaged the crop belongs to the defacto-complainant worth about Rs.20,000/-. Hence, the case.

3. The learned counsel for the petitioner would submit that the defactocomplainant received an amount of Rs.3,00,000/- from the petitioner to register the land in his hame, but he refused to register the land nor return back the amount to him. The Defacto-complainant lodged a false complaint as against this petitioner. The petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and wiling to abide by any conditions imposed by this Court. He would further submit that the petitioner is in custody from 22.05.2025 nearly 13 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that there was dispute between the Defacto-complainant and the petitioner regarding the purchase of agricultural land. On 16.05.2025, the petitioner herein had damaged the crop belongs to the Defacto-complainant worth about Rs.20,000/-. There is no previous case against the petitioner. However, he objected to grant bail to the 2/5

petitioner.

5. Taking into consideration of the facts and circumstances of the case and considering fact that there is no previous case against this petitioner and also taking note of the fact that the petitioner/accused remanded into judicial custody on 22.05.2025, taking into consideration of the period of incarceration. 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 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 Judicial Magistrate No.II, Thanjavur 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 make a non refundable deposit of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.322 of 2025, without prejudice to his defence before the trial Court and produce the acknowledgment at the time of executing bond;

[c] The petitioner shall furnish his residential address and mobile number to the Judicial Magistrate No.II, Thanjavur.

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(d)If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate No.II, Thanjavur;

[e] the petitioner shall appear and sign before the respondent police daily at 10.30 a.m. until further orders.

[f] the petitioner shall not abscond either during investigation or trial. [g] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[h] 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 in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [i] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 04/06/2025 / TRUE COPY / 04/06/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

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gvn TO 1 THE JUDICIAL MAGISTRATE NO.II, THANJAVUR. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE OFFICER INCHARGE, SUB JAIL, THANJAVUR. 4 THE INSPECTOR OF POLICE, THANJAVUR TALUK POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.9193 of 2025 Date :04/06/2025 NBF/04.06.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5