S.Annatha Prabu v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI 1.S.Annatha Prabu, S/o.Sebastian, Paruthivayal, Avudaiyar Kovil, Pudukottai.

2. S.Jayabal, S/o.Sebastian, Paruthivayal, Avudiayar Kovil, Pudukottai.

3. D.John Brito, S/o.Durairaj, Paruthivayal, Avudaiyar Kovil, Pudukottai.

..Petitioners/ Accused Nos.1,2 & 4 Vs The State of TamilNadu rep.by The Sub-Inspector of Police, Thiruppunnavasal Police Station, Pudukottai.

(Crime No.20 of 2025) .. Respondent/Complainant 1/6

For Petitioner : M/s.N.Thamimulansari 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.20 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioners / Accused Nos.1,2 & 4 who were arrested and remanded to judicial custody on 31.05.2025 for the offences punishable under Sections 296(b), 126

(2) & 109 of BNS 2023 in Crime No.20 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the accused persons had joined together and threatened the defacto-complainant and his brother, when they were proceeded in their motor cycle the accused persons had joined together along with weapons and attempted to hit against the motor cycle of the defacto-complainant and threatened him with dire consequences and opposing the setting up of a paddy procurement centre in Ponpethi. Hence, the case.

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3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. The petitioners are ready and willing to abide and conditions that may be imposed by this Court. He would further submit that the petitioners are in custody from 31.05.2025 nearly 15 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that the accused persons opposed to start up a paddy procurement centre in Ponpethi. Due to which, the accused persons had joined together along with weapons and attempted to hit against the motor cycle of the defacto-complainant and threatened him with dire consequences. The defacto-complainant has sustained simple injury and treated as in-patient In this case, there was counter case in Crime No.17 and 18 of 2025. The petitioners are having one previous case. Hence, he strongly objected to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that at this time the investigation might have been completed, the petitioners/accused are remanded into judicial custody on 31.05.2025, taking into 3/6

consideration of the period of incarceration, this court is inclined to grant bail to the petitioners, subject to the following conditions:

6. Accordingly, the petitioners are ordered to be released on bail on executing separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties, each for a like sum to the satisfaction of Judicial Magistrate, Manamelkudi 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 petitioners shall furnish their residential address and contact numbers to the Judicial Magistrate, Manamelkudi. If the petitioners changes their residential address, they shall report the same to the Judicial Magistrate, Manamelkudi; [c] the petitioners shall appear and sign before the Inspector of Police, Pudukottai Town Police Station daily at 10.30 a.m. until further orders. [d] the petitioners shall not abscond either during investigation or trial. 4/6

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

sd/- 16/06/2025 / TRUE COPY / 16/06/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

GVN TO 1 THE JUDICIAL MAGISTRATE MANAMELKUDI.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE PUDUKKOTTAI DISTRICT 3 THE SUB INSPECTOR OF POLICE, THIRUPPUNNAVASAL POLICE STATION, PUDUKKOTTAI 4 THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKOTTAI.

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

COPY TO:

THE INSPECTOR OF POLICE PUDUKOTTAI TOWN POLICE STATION, PUDUKOTTAI.

+1 CC to M/s.N.THAMIMULANSARI, Advocate ( SR-6337[I] dated 16/06/2025 )

ORDER

IN CRL OP(MD) No.9961 of 2025 Date :16/06/2025 SS/SAR- /16/06/2025/ 6P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6