Tamilarasan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/06/2025 PRESENT THE HONOURABLE MS. JUSTICE R.N.MANJULA Tamilarasan
...Petitioner/Accused
Vs The State of Tamil Nadu, Rep by, the Inspector of Police, Arumuganeri Police Station, Thoothukudi District.
Cr.No.313 of 2024.
... Respondent/Complainant For Petitioner : Mr.A.Robinson For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.313 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/A3, who was arrested and remanded to judicial custody on 16.04.2025 for the offences under Sections 306 and 317(2) of BNS, 2023 in Crime No.313 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that A1, who was working as servant maid in the house of the defacto complainant's mother, had stolen 38 grams gold chain from the mother of the defacto complainant and gave it to A2 and the petitioner/A3 and 1/4
also the petitioner pledged the said jewel. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him. He would further submit that the petitioner is in custody from 16.04.2025. He would further submit that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he seeks bail.
4. The learned Government Advocate (Crl.Side) would submit that the petitioner pledged the stolen gold chain, which was stolen by A1. He would further submit that if bail is granted to the petitioner, he may cause threat to the mother of the defacto complainant and may commit similar offence. Hence, he opposed to grant bail to the petitioner.
5. Taking into consideration the facts and circumstances of the case and also the nature of offence and also taking into consideration the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate, Tiruchendur, Thoothukudi, and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the 2/4
surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
[c] the petitioner shall report before the respondent police daily at 10.00 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 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]; and [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 06/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
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APD TO 1 THE JUDICIAL MAGISTRATE, TIRUCHENDUR, THOOTHUKUDI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.
4 THE INSPECTOR OF POLICE, ARUMUGANERI POLICE STATION, THOOTHUKUDI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.A.ROBINSON, Advocate ( SR-6016[I] dated 06/06/2025 ) ORDER IN CRL OP(MD) No.9457 of 2025 Date :06/06/2025 SA/SAR. /06.06.2025/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4