Gowtham v. State Of Tamilnadu Rep By Inspector Of Police, Karur Town

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02.07.2025 PRESENT The HONOURABLE MR.JUSTICE P.VADAMALAI Gowtham, S/o.Manivannan

...Petitioner / Accused No.3

Vs The State of Tamil Nadu, Rep by the Inspector of Police, Karur Town Police Station, (Crime No.486 of 2025) ... Respondent/ Complainant For Petitioner :

Mr.R.L.Dhilipan Pandian, Advocate.

For Respondent :

Mr.B.Thanga Aravindh, Government Advocate (Criminal Side) PETITION FOR BAIL Under Sec.483 of BNSS, 2023. PRAYER :- For Bail in Crime No.486 of 2025 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioner / accused, who was arrested and remanded to judicial custody on 13.06.2025 for the offences punishable under Section 25(1)(a) of the Arms Act, 1959, in Crime No.486 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 13.06.2025, while the police were on patrol duty, the accused were found in possession of a 3-feet sword, a 21⁄2-feet billhook, and a 11⁄2-feet sword, which they were using to threaten the public. They also abused the public using filthy language. 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 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 the petitioner had already filed a bail petition before the learned Principal Sessions Judge, Karur District, in Crl.M.P. No.1020 of 2025, and the same was dismissed on 26.06.2025. He would further submit that the petitioner is in custody from 13.06.2025. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that there are totally three accused persons in this case and the petitioner has been arrayed as A3. He would also submit that the accused were found in possession of weapons and had threatened the public. He would also submit that the alleged properties 2/6

were recovered from the accused persons. He would further submit that there are four previous cases against the petitioner 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 the alleged properties have already been recovered, 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 the learned Judicial Magistrate No.I, 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 mobile number to the learned Judicial Magistrate No.I, Karur District. If the petitioner changes his 3/6

residential address, he shall report the same to the learned Judicial Magistrate No.I, [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/- 02/07/2025 / 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 JUDICIAL MAGISTRATE NO.I, KARUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE KARUR DISTRICT.

3. The Officer-in-Charge, District Prison,

4. The Inspector of Police, Karur Town Police Station,

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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ORDER

IN CRL OP(MD) No.11157 of 2025 Date :02/07/2025 MK/02.07.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6