Muthupandi @ Shewag v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Muthupandi @ Shewag, S/o. Palpandi, No.1/52-1b, A.Punavasal, Marandai, Kadaladi, Ramanathapuram District. ... Petitioner/Accused Vs.

The Inspector of Police, Kadaladi Police Station, Ramanathapuram District.

Crime No.45 of 2025. ... Respondent/Complainant For Petitioner : M/s.Maharanathan T, 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.45 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner / sole accused, who was arrested and remanded to judicial 1/5

custody on 31.05.2025 for the offences punishable under Section 25(1A) of Arms Act in Crime No.45 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that based on information, when the defacto complainant along with police party went to the occurrence place on 31.05.2025 and found that the petitioner has illegally possessed a sword and was threatening the public. 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. The petitioner is ready and willing to abide and conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 31.05.2025 nearly 25 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that when the defacto complainant along with police party went to the occurrence place on 31.05.2025 and found that the petitioner has illegally possessed a sword and was threatening the public. He would further submit that in this occurence, no one sustained injury. This petitioner is having 13 previous cases, out of which, three cases are under Section 307 I.P.C and in this case, investigation is still pending. Hence, he objected to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also 2/5

taking note of the fact that in this case, no one sustained injury and investigation might have been completed by this time, the petitioner/accused remanded into judicial custody on 31.05.2025, 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of Judicial Magistrate, Kadaladi 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 mobile number to the Judicial Magistrate, Kadaladi. If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate, Kadaladi; [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. 3/5

[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/- 23/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO 1 JUDICIAL MAGISTRATE KADALADI 2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

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3 THE SUPERINTENDENT, DISTRICT PRISON JAIL, RAMANATHAPURAM DISTRICT.

4 THE INSPECTOR OF POLICE REP. BY ITS, THE INSPECTOR OF POLICE, KADALADI POLICE STATION, RAMANATHAPURAM DISTRICT.

CRIME NO.45 OF 2025.

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

ORDER

IN CRL OP(MD) No.10387 of 2025 Date :23/06/2025 NM/23.06.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5