Velladurai v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Velladurai ... Petitioner/Accused Vs The State of Tamil Nadu, Rep By, the Inspector of Police, Manur Police Station, Tirunelveli District.

Cr.No.449 of 2025.

... Respondent/Complainant For Petitioner : Mr.R. Muthuram Advocate For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.449 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 13.05.2025 for the alleged offences under sections 296(b), 309(4), 311 and 351(3) of 1/5

BNS, 2023 in Crime No.449 of 2025 on the file of the respondent police seeks bail

2. The case of the prosecution is that on 13.05.2025 at about 8.00 am, while the defacto complainant and his friend were going nearby the Rastha to Madhavakurichi main road, at that time, the petitioner herein is said to have demanded a sum of Rs.1,000/- from the defacto complainant by showing a knife, when he refused, he has taken the amount from the pocket of the defacto complainant and also threatened him with dire consequences. 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 offence as alleged by the prosecution. He further submits that only for statistical purpose, the petitioner's name has been falsely implicated in this case. Hence, he seeks bail.

4. The learned Government Advocate (Crl. side) appearing for the respondent - Police submitted that the petitioner is a habitual offender and that there are 5 previous cases pending against the petitioner. He further submitted that nobody has sustained injury in the said occurrence and the amount was recovered from the petitioner. He further submitted that the investigation of the case is pending and hence, he opposed to grant bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and also the fact that the amount was recovered from the petitioner and that no has 2/5

sustained injury in the said occurrence and also taking into consideration of the fact that the petitioner is in judicial custody from 13.05.2025, 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 Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.V, Thirunelveli 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 report before the respondent police daily at 10.00 am and 5.00 pm until further orders;

[c] the petitioner shall submit his residential address and contact number to the learned Judicial Magistrate No.V, Thirunelveli District . If he changes the residence, he shall inform the same to the concerned Magistrate without fail. [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]; and [g] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 09/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO

1. The Judicial Magistrate No.V, Thirunelveli District

2. Do-Through The Chief Judicial Magistrate, Thirunelveli District.

3. The Superintendent, Central Prison, Palayamkottai.

4. The Inspector of Police, Manur Police Station, Tirunelveli District.

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

ORDER

IN CRL OP(MD) No.9534 of 2025 Date :09/06/2025 MK/09.06.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5