Shanmugasundaram v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Shanmugasundaram, S/o.Rajamanickam .. Petitioner/A1 Vs The State of Tamilnadu rep.by The Inspector of Police, Kulithalai Police Station, Karur District.
(Crime No.186 of 2025) .. Respondent/Complainant For Petitioner : Mr.R.Murugappan, Advocate.
For Respondent : Mr.Thanga Aravindh.B, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.186 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 27.03.2025 for the offences punishable under Sections 191(2), 61(2), 308(2), 318(4) and 1/5
351(2) of BNS, 2023 r/w. Section 4 of TNPHW Act in Crime No.186 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the de-facto complainant is a Government employee, and her father owns a fruit shop in front of a temple. During her holidays, she used to assist her father in the shop. It is alleged that on 20.02.2025, at about 3:00 p.m., the petitioner and the other accused went to the fruit shop on a motorcycle, criminally intimidated the de-facto complainant, and demanded a sum of Rs.10,000/- from her. Hence, the present case.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is no way connected with the case, a false case has been lodged as against the petitioner. The petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 27.03.2025. Hence, he seeks bail.
4. The learned Government Advocate (Criminal Side) would submit that the petitioner, by pretending to be a press reporter, indulged in extorting money from the de-facto complainant. He would also submit that there are totally five accused persons in this case and the petitioner has been arrayed as A1. A5 was arrested and subsequently released on bail on 09.05.2025 by the learned Vacation Sessions Judge, 2/5
Karur in Vacation Crl.M.P.No.21 of 2025. He would further submit that there are five previous cases against the petitioner. 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 the co-accused was arrested and subsequently released on bail, and that the petitioner/A1 remanded into judicial custody on 27.03.2025, and considering the period of incarceration, and that by this time, most of the investigation would likely have been completed, this court is inclined to grant bail to the petitioner, subject to the following conditions:
6. 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 learned Judicial Magistrate No.II, Kulithalai, Karur 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 furnish his residential address and contact number to the learned Judicial Magistrate No.II, Kulithalai, Karur District. If the petitioner changes his residential address, he shall report the same to the learned Judicial 3/5
Magistrate No.II, Kulithalai, Karur District; [c] the petitioner shall appear and sign before the respondent police daily at 10.30 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
sd/- 19/06/2025 / TRUE COPY / 19/06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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MKN TO 1 THE JUDICIAL MAGISTRATE NO.II, KULITHALAI, KARUR DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.
3 THE OFFICER INCHARGE, SUB JAIL, KULITHALAI.
4 THE INSPECTOR OF POLICE, KULITHALAI POLICE STATION, KARUR DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.10187 of 2025 Date :19/06/2025 SA/SAR. /19.06.2025/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5