Saravanan @ Sandrose v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Saravanan @ Sandrose, S/o.Narayanan, ..Petitioner/A3 Vs The State of Tamilnadu rep.by The Inspector of Police, Nainarkovil Police Station, Ramanathapuam.

(Crime No.97 of 2023) .. Respondent/Complainant For Petitioner : Mr.B.Rama Moorthi, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) 1/6

PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in P.R.C.No.68 of 2023 on the file of the Judicial Magistrate Court, Paramakudi in connection with Crime No.97 of 2023 on the file of the Respondent Police.

ORDER : This Court made the following order :- The petitioner /A3, who was arrested and remanded to judicial custody on 27.03.2025 for the offences punishable under Section 294(b), 506(ii) IPC r/w 25(1A) of Arms Act, in Crime No.97 of 2023 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner along with other accused had illegally transported river sand in tractor during night hours, when the same was questioned by the village people, the petitioner along with other accused abused them in filthy language and also threatened them with dire consequences. 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 offence as alleged by the prosecution. He would further submit that the petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 27.03.2025 nearly 110 days. He would further submit 2/6

that the petitioner has filed an affidavit before the Superintendent of Central Prison, Ramanathapuram that he will appear before the trial Court in future without fail and not to involve in any criminal activities in future. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that the petitioner along with other accused illegally transported the river sand, when the same was questioned by the village people, the petitioner along with other accused abused them in filthy language and also threatened them by showing sword and made life threat. He would further submit that after investigation, charge sheet has been filed and the same was taken on file in P.R.C.No.68 of 2023 on the file of the Judicial Magistrate, Paramakudi. He would also submit that the petitioner is having eight previous cases and history sheeted in H.S.No.15 of 2023. Hence, 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 has already been completed and charge sheet has also been filed and also taking note of the fact that the petitioner has also filed an affidavit before the Superintendent of Prison, Ramanathapuram stating that he will appear before the trial Court in all hearing dates without fail and also considering the fact that the petitioner/Accused is in judicial custody from 27.03.2025, taking into consideration of the period of incarceration, this court is 3/6

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 Judicial Magistrate, Paramakudi 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 contact number to the learned Judicial Magistrate, Paramakudi. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate, Paramakudi; [c] the petitioner shall appear and sign before the learned Judicial Magistrate, Paramakudi on all working days 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 4/6

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/- 15/07/2025 / TRUE COPY / /2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

das TO 1 THE JUDICIAL MAGISTRATE, PARAMAKUDI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE OFFICER INCHARGE,DISTRICT JAIL, RAMANATHAPURAM. 4 THE INSPECTOR OF POLICE,NAINARKOVIL POLICE STATION, RAMANATHAPURAM.

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

ORDER

IN CRL OP(MD) No.11187 of 2025 Date :15/07/2025 5/6

NBF/SAR- /17/07/2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6