Madras High CourtCRL OP(MD)/10234/2025allowed

Nithesh Kumar @ Nithish Kumar v. The State Of Tamilnadu Rep. By

2025-06-19Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Nithesh Kumar @ Nithish Kumar, S/o Tamilarasan, No. 5/60a2, Keezha Poigaipatti, Poigaipatti, Trichy District.

... Petitioner/Accused Vs The State of Tamilnadu Rep.,By, the Inspector of Police Kulithalai Police Station, Karur District (Crime No. 285 of 2025).

... Respondent/Complainant For Petitioner : M/s. Surliraja.P., Advocate.

For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 285 of 2025 on the file of the respondent police. 1/5

ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 17.05.2025 for the offences punishable under Sections 331(4) and 305 of BNS in Crime No.285 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner had stolen 14 Monitors, 14 C.P.U and 14 Keyboards from VKS Engineering College. 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 offences as alleged by the prosecution. He would further submit that the petitioner is in custody from 17.05.2025 onwards. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that the petitioner had stolen 14 Monitors, 14 C.P.U and 14 Keyboards from VKS Engineering College. He would further submit that the petitioner is having two previous cases, which are similar in nature and the properties have been recovered. In this case, investigation is still pending. Hence, he objected to grant bail to the petitioner. 2/5

5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that the stolen property has already been recovered and that the petitioner/accused remanded into judicial custody from 17.05.2025, for more than a month and taking into consideration of the period of incarceration, 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.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the 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 Judicial Magistrate No.II, Kulithalai, Karur District. If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate No.II, Kulithalai, Karur District;

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[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 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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LS TO 1 THE JUDICIAL MAGISTRATE NO.II KULITHALAI KARUR DISTRICT 2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT. 3 THE SUPERINTENDENT, CENTRAL JAIL, TRICHY.

4 THE INSPECTOR OF POLICE KULITHALAI POLICE STATION, KARUR DISTRICT 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.P.SURLIRAJA, Advocate ( SR-6506[I] dated 19/06/2025 )

ORDER

IN CRL OP(MD) No.10234 of 2025 Date :19/06/2025 SS/SAR- /19/06/2025/ 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5