Rajkumar v. State Of Tamilnadu Rep By Inspector Of Police, Virudhunagar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Rajkumar, C/o.Muthuselvam, No.1/194, South street, Tiruvenkidapuram, Nadukudi, Virudhunagar District.
..Petitioner/Accused No.2 Vs The State of Tamil Nadu, Rep.by The Sub-Inspector of Police, Alangulam Police Station, Virudhunagar District.
(Crime No.72 of 2025) .. Respondent/Complainant For Petitioner : M/s.S.Prabha 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.72 of 2025 on the file of the Respondent Police. 1/6
ORDER : This Court made the following order :- The petitioner / Accused No.2, who was arrested and remanded to judicial custody on 21.05.2025 for the offences punishable under Sections 331(4) and 305 of BNS in Crime No.72 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 21.05.2025, in the night hour the petitioner along with other accused person were wrongfully entered into the Balaji Fireworks, Ettakkapatti owned by the Defacto-complainant and they committed theft of 240 shots crackers 70 numbers worth about Rs.1,92,500/- Hence, the case.
3. The learned counsel for the petitioner would submit that 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 21.05.2025 nearly 14 days. Hence, he seeks bail.
4. The learned Government Advocate (Criminal Side) would submit that the petitioner and other accused persons were illegally entered into the defacto2/6
complainant's Fireworks company and theft 240 shots crackers 70 numbers worth about Rs.1,92,500/-. The properties were recovered from the accused persons. The first accused is still in custody . There is no previous case against the petitioner. However, he objected to grant bail to the petitioner.
5. Taking into consideration of the facts and circumstances of the case and considering the fact that there is no previous case against the petitioner and the properties were recovered by the respondent police and also taking note of the fact that the petitioner/accused No.2 remanded into judicial custody on 21.05.2025, 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, Sattur, Virudhunagar 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 3/6
Book to ensure their identity.
[b] The petitioner shall furnish his residential address and mobile number to the Judicial Magistrate No.II, Sattur, Virudhunagar District. If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate No.II, Sattur, Virudhunagar District;
[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 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 4/6
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/- 04/06/2025 / TRUE COPY / 04 /06/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
GVN TO
1. THE JUDICIAL MAGISTRATE NO.II, SATTUR, VIRUDHUNAGAR DISTRICT.
2. THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3. THE OFFICER INCHARGE, DISTRICT PRISON, VIRUDHUNAGAR.
4. THE SUB-INSPECTOR OF POLICE, ALANGULAM POLICE STATION, VIRUDHUNAGAR DISTRICT.
(CRIME NO.72 OF 2025) 5/6
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.9254 of 2025 Date :04/06/2025 PR/04.06 .2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6