Lawrence Benito v. State Of Tamilnadu Rep By Inspector Of Police, Chinnalapatti

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01.07.2025 PRESENT The HONOURABLE MR.JUSTICE P.VADAMALAI Lawrence Benito, S/o.Antony

...Petitioner / Accused

Vs The State of Tamil Nadu, Rep by the Inspector of Police, Chinnalapatty Police Station, Dindigul District.

(Crime No.150 of 2025) ... Respondent/ Complainant For Petitioner :

M/s.K.Nandhini, Advocate.

For Respondent :

Mr.B.Thanga Aravindh, Government Advocate (Criminal Side) PETITION FOR BAIL Under Sec.483 of BNSS, 2023. 1/5

PRAYER :- For Bail in Crime No.150 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / accused, who was arrested and remanded to judicial custody on 10.06.2025 for the offences punishable under Sections 296(b), 326(g) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 (BNS), in Crime No.150 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant is running a grocery shop. On 10.06.2025, at about 10:00 a.m., the accused went to the shop and asked for a cigarette. Due to a delay in handing over the cigarette, a quarrel ensued between them. During the altercation, the accused allegedly abused the defacto complainant in filthy language, poured petrol into the showcase of the shop, and set it on fire. The accused also allegedly threatened the defacto complainant with dire consequences. 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 also submit that no injury was caused by the petitioner. He would further submit that there are no previous cases against the petitioner. He would further submit that the petitioner is in custody from 10.06.2025. Hence, he seeks bail. 2/5

4. The learned Government Advocate (Criminal Side) would submit that the accused person abused the defacto complainant in filthy language, poured petrol into the showcase of the shop, set it on fire, and threatened the defacto complainant with dire consequences. He would further submit that the petitioner had earlier filed a bail application before the learned Principal District and Sessions Judge, Dindigul District, in Crl.M.P. No.1221 of 2025, and the same was dismissed on 24.06.2025. He would also submit that the investigation in this case is still pending and therefore, he 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 and also the fact that there are no previous cases against the petitioner, 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.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of learned District Munsif cum Judicial Magistrate, Athoor, Dindigul, and on further conditions that:- 3/5

[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 learned District Munsif cum Judicial Magistrate, Athoor, Dindigul. If the petitioner changes his residential address, he shall report the same to the learned District Munsif cum Judicial Magistrate, Athoor, Dindigul. [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, 2023.

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

sd/- 01/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

pal TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, ATHOOR, DINDIGUL.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 3 THE OFFICER INCHARGE, DISTRICT JAIL, DINDIGUL. 4 THE INSPECTOR OF POLICE, CHINNALAPATTY POLICE STATION, DINDIGUL DISTRICT.

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

+1 CC to M/s.K.NANDHINI, Advocate ( SR-6951[I] dated 01/07/2025 )

ORDER

IN CRL OP(MD) No.11029 of 2025 Date :01/07/2025 NBF/01.07.2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5