Saravanan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12.06.2025 PRESENT The HONOURABLE MR.JUSTICE P.VADAMALAI Saravanan, S/o.Murugaraj

...Petitioner / Sole Accused

Vs The State of Tamil Nadu, Rep by the Inspector of Police, Puliyangudi Police Station, Tenkasi District.

(Crime No.333 of 2025) ... Respondent/ Complainant For Petitioner :

Mr.C.Venkatesh, Advocate.

For Respondent :

Mr.B.Thanga Aravindh, Government Advocate (Criminal Side) PETITION FOR BAIL Under Sec.483 of BNSS, 2023. PRAYER :- For Bail in Crime No.333 of 2025 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioner / accused, who was arrested and remanded to judicial custody on 18.05.2025 for the offences under Sections 296(b), 109(1) and 351(3) of the Bharatiya Nyaya Sanhita (BNS), 2023, and Section 25(1)(a) of Arms Act, 1959, in Crime No.333 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that while the defacto complainant was standing on Sindhamani NH Road, the petitioner/accused approached him in a manner suggesting an attempt to knock him down. When the defacto complainant questioned the petitioner about his reckless driving, a verbal altercation ensued between them. On the very same day, the petitioner/accused abused the defacto complainant using filthy language, assaulted him causing injuries, attempted to take his life using a deadly weapon, and also criminally intimidated him. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He would further submit that a false case has been foisted against the petitioner. He would further submit that the petitioner is in custody from 18.05.2025. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that the petitioner abused the defacto complainant using filthy language, assaulted him and 2/6

caused injuries, attempted to take his life with a deadly weapon, and also criminally intimidated him. He would further submit that there are five previous cases registered against the petitioner, out of which he has been acquitted in two cases. He, however, would submit that the investigation in this case is still pending and that, at this stage, if bail is granted to the petitioner, he will cause threat to the defacto complainant and tamper with the evidence. He, therefore, opposes the grant of bail to the petitioner.

5. This Court has heard the learned counsel on both sides and perused the materials available on record.

6. Taking into consideration the facts and circumstances of the case and the nature of the offence allegedly committed by the petitioner and also taking into consideration the period of incarceration, this court is inclined to grant bail to the petitioner, however, subject to the following conditions:

7. Accordingly, the petitioner is ordered to be released on bail on his 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 learned Judicial Magistrate Court, Sivagiri, Tenkasi 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 learned Judicial Magistrate Court, Sivagiri, Tenkasi District. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate Court, Sivagiri, Tenkasi District. [c] the petitioner shall appear and sign before the respondent police daily twice at 10.30 a.m. and 05.30 p.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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

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8. In the result, this Criminal Original Petition is allowed subject to the conditions stated supra.

sd/- 12/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

pal TO

1. The Judicial Magistrate, Sivagiri, Tenkasi District.

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

3. The Superintendent, Central Prison, Palayamkottai, Tirunelveli.

4. The Inspector of Police, Puliyangudi Police Station, Tenkasi District.

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

+1 CC to M/s.C.VENKATESH, Advocate ( SR-6211[I] dated 12/06/2025 ) 5/6

ORDER

IN CRL OP(MD) No.9875 of 2025 Date :12/06/2025 MK/12.06.2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6