Suresh 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 1.Suresh, S/o.Dharmaraj 2.Chandru, S/o.Muniappan

...Petitioners / A1 and A3

Vs The State of Tamil Nadu, Rep by the Inspector of Police, Karur Town Police Station, Karur District.

(Crime No.485 of 2025) ... Respondent/ Complainant For Petitioners: 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. 1/6

PRAYER :- For Bail in Crime No.485 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners / accused nos.1 and 2, who were arrested and remanded to judicial custody on 13.06.2025 for the offences punishable under Sections 310(2) of the Bharatiya Nyaya Sanhita (BNS), 2023, in Crime No.485 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that, on 13.06.2025, based on the information provided by the defacto complainant, the respondent police found that the accused persons had attempted to commit robbery using a knife. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He would further submit that a false case has been foisted against the petitioners. He would further submit that the petitioners are alleged to have only made preparations to commit robbery, but had not actually committed the offence. He would also submit that the petitioners are in custody from 13.06.2025. He would also submit that the petitioners had already filed a bail petition before the learned 2/6

Principal District and Sessions Judge, Karur District, and the same was dismissed on 26.06.2025. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that there are totally eight accused persons in this case and the petitioners have been arrayed as A1 and A3. He would further submit that the alleged properties have been recovered from the accused persons. He would further submit that there are eight previous cases against A1 and one previous case against A3. He would further submit that investigation in this case is still pending and therefore, he opposes the grant of bail to the petitioners.

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 petitioners 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 petitioners, however, subject to the following conditions: 3/6

7. Accordingly, the petitioners are ordered to be released on bail on their 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, 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 petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate No.I, Karur, Karur District. If the petitioners changes their residential address, they shall report the same to the learned Judicial Magistrate No.I, Karur, Karur District.

[c] the petitioners shall appear and sign before the respondent police daily twice at 10.00 a.m. and 05.00 p.m. until further orders. [d] the petitioners shall not abscond either during investigation or trial. 4/6

[e] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

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

sd/- 02/07/2025 / TRUE COPY / 02/07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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pal TO

1. The Judicial Magistrate No.I, Karur, Karur District.

2. Do-Through The Chief Judicial Magistrate, Karur District.

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

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

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

ORDER

IN CRL OP(MD) No.11155 of 2025 Date :02/07/2025 HPS/02.07.2025 /6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6