Nivas v. State Of Tamilnadu Rep By Inspector Of Police, Ammapet

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI CRL OP(MD).Nos.10927 of 2025 Nivas (M/22/25) S/o.Vasumani ..Petitioner/Sole Accused Vs State of Tamil Nadu Rep by the Inspector of Police, Ammapet Police Station, Thanjavur Districtt.

(Crime No.299 of 2025) .. Respondent in both petitions For Petitioner : Mr.R.L.Dhilipan Pandian For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.299 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- 1/6

The petitioner / Accused, who was arrested and remanded to judicial custody on 01.06.2025 for the offences punishable under Sections 109, 118(1), 296(b), 308((4), 324(4), 329(3) 351(3) of BNS, in Crime No.299 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 31.05.2025, the petitioner made a quarrel with the defacto complainant and demanded Cigarette and when it was refused, the petitioner abused the defacto complainant with filthy language and thereafter on 31.05.2025 at 8.00 p.m., the petitioner came over to the shop of the defacto complainant and damaged the articles and attacked the defacto complainant with Aruval and snatched a sum of Rs.200 from the pocket of the defacto complainant. Hence, the complaint.

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 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 01.06.2025. Hence, he seek bail.

4. The learned Government Advocate (Criminal Side) would submit that there are four previous cases pending against the petitioner and the investigation is 2/6

almost completed. He would further submit that the injured person has been discharged from the hospital. However, he 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 investigation is almost completed and the injured person has been discharged from the hospital and also considering the period of incarceration suffered by the petitioner, 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 learned District Munsif cum Judicial Magistrate Court, Papanasam, Thanjavur 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 deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand) to the credit of Crime No.299 of 2025 before the District Munsif cum Judicial Magistrate Court, Papanasam, Thanjavur District and on such deposits being made, the learned District Munsif 3/6

cum Judicial Magistrate Court, Papanasam, Thanjavur District, shall accept the sureties furnished by the petitioner; [c] The petitioners shall furnish his residential address and mobile number to the District Munsif cum Judicial Magistrate Court, Papanasam, Thanjavur District. If the petitioner changes his residential address, he shall report the same to the District Munsif cum Judicial Magistrate Court, Papanasam, Thanjavur District; [d] the petitioner shall appear and sign before the respondent police daily at 10.30 a.m.until further orders. [e] the petitioner shall not abscond either during investigation or trial.

[f] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[g] 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 4/6

Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 30/06/2025 / TRUE COPY / 30/06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

MSRM TO

1. THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, PAPANASAM, THANJAVUR DISTRICT.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT @ KUMBAKONAM.

3. THE OFFICER INCHARGE, DISTRICT PRISON, THANJAVUR DISTRICT.

4. THE INSPECTOR OF POLICE, AMMAPET POLICE STATION, THANJAVUR DISTRICT.

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

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ORDER

IN CRL OP(MD) No.10927 of 2025 Date :30/06/2025 HPS/30.06.2025 /6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6