R.Rajiv Gandhi v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/07/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Crl.M.P.(MD).No.8206 of 2025 R.Rajiv Gandhi, M/33 S/o.Ramasamy ..Petitioner/ Accused No.1 Vs State of Tamil Nadu Rep by the Inspector of Police, Thanthonimalai Police Station, Karur District.

(Crime No.140 of 2025) ... Respondent/Complainant For Petitioner : Mr.T.Leninkumar Advocate.

For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) For Intervenor : Mr.N.Sudhagar Nagaraj PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.140 of 2025 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioner / Accused No.1, who was arrested and remanded to judicial custody on 27.04.2025 for the offences punishable under Sections 309(6) and 332(b) of the Bharatiya Nyaya Sanhita (BNS), 2023, in Crime No.140 of 2025 on the file of the respondent police, seeks bail,

2. The case of the prosecution is that the defacto complainant is a Advocate by profession as a Junior to Mr.Arumugam/Victim at the Karur District Court. On 25.04.2025, at around 09.00 p.m, while the complainant was at his house, his senior Advocate Arumugam/Victim called the complainant through the phone of the tea shop owner which was situated at opposite of his house and stating that the petitioner along with other accused persons trespassed into his house, put a knife to his neck and threatened him to hand over the money and jewellery in his house. When he refused to give the same, the accused persons attacked the victim with a knife in his left neck and his left stomach, and took away a sum of Rs.5,00,000/- in case kept in the bureau and a gold chain weighing 5 sovereign of chain around his neck, Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the investigation has been completed 2/6

and the charge sheet has also been filed in PRC.No.27 of 2025 before the learned Judicial Magistrate No.1, Karur. He would further submit that there is no previous case pending against the petitioner. He would further submit that the petitioner is in custody from 27.04.2025. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that there totally three accused persons have involved in this case. He would further submitted that the petitioner along with other accused persons have entered into the house of the senior Advocate one Arumugam and attacked him and robbed a sum of Rs.5,00,000/- along with gold jewels. He would further submit that Rs.1,80,000/- along with 20 grams gold jewels has been recovered from A1 and Rs.1,94,000/- along with 20 grams has been recovered from A2 and 1,65,000/- along with 20 grams has been recovered from A3. He would further submit that the injured person has been discharged from the hospital and the investigation has been almost completed. However, he raised formal objection to grant bail to the petitioner.

5. The learned counsel for the Intervenor/defacto complainant submit that the petitioner along with other accused persons have trespassed into the house of one Arumugam and attacked him with knife and robbed a sum of Rs.5,00,000/- along with gold jewels from him. Hence, he objected for grant of bail to the petitioner. 3/6

6. Taking into consideration of the facts and circumstances of the case and also the fact that there is no previous case pending against the petitioner and also taking into consideration of the fact that the investigation has been completed and the charge sheet has also been filed and the case has also been taken on file as PRC.No.27 of 2025 before the learned Judicial Magistrate No.1, Karur, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

7. 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 the Judicial Magistrate No.1, Karur, 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 Judicial Magistrate No., Karur (c)If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate, No.1, Karur [d] the petitioner shall stay at Salem and sign before the Inspector of Police, Annathanapatti Police Station daily at 10.30 a,m, and 05.30 p.m., until further orders except the Court hearing dates and shall appear before the concerned Court on all hearing dates without fail. 4/6

[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.

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

sd/- 02/07/2025 / TRUE COPY / 02/07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

msrm To 1 THE JUDICIAL MAGISTRATE NO.I, KARUR.

2 THE CHIEF JUDICIAL MAGISTRATE KARUR DISTRICT.

5/6

3 THE OFFICER INCHARGE, DISTRICT PRISON, KARUR.

4. The Inspector of Police, Thanthonimalai Police Station, Karur District.

5. The Inspector of Police, Annathanapatti Police Station, Salem

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

+1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-7051[I] dated 02/07/2025 )

ORDER

IN CRL OP(MD) No.10391 of 2025 Date :02/07/2025 MK/02.07.2025 6P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6