Stephenraj v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Stephenraj, S/o.Sengolraj, ..Petitioner/ Accused Vs The State of Tamilnadu rep.by The Inspector of Police, Thirumayam Police Station, Pudukottai District.

(Crime No.87 of 2025) .. Respondent/Complainant For Petitioner : Mr.R.Shravanakumar Advocate.

For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.87 of 2025 on the file of the Respondent Police. 1/6

ORDER : This Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 16.06.2025 for the offences punishable under Sections 20 & 25 (1A) of Arms Act, 1959 in Crime No.87 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 16.06.2025 at 7.00a.m. while the respondent police on patrolling duty, at that time, one two wheeler bearing registration TN 55 BP 6636 driven by the petitioner/A2 along with other accused having an iron sword in hand and intimidating the public at large and the respondent police intercepted and enquired about the same and seized the Iron Sword and Two wheeler. 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 offences as alleged by the prosecution. 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 2/6

from 16.06.2025 nearly 20 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that this petitioner and other accused person were by showing sword and intimidating the general public. In this case, entire property were seized by the respondent police. In this case, investigation completed, charge sheet has been filed and the same was taken on file in PRC.No.6 of 2025 on the file Judicial Magistrate, Thirumayam. In this case, first accused is still in judicial custody. There is no previous case against this petitioner. 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 in this case, the entire property were recovered by the respondent police, there is no previous case against this petitioner, investigation is completed and the charge sheet has been filed and the same was taken on file in PRC.No.6 of 2025, on the file of the Judicial Magistrate, Thirumayam, the petitioner/accused No.2 remanded into judicial custody on 16.06.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions: 3/6

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, Thirumayam, Pudukottai 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 contact number to the learned Judicial Magistrate, Thirumayam, Pudukottai District. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate, Thirumayam, Pudukottai District;

[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. 4/6

[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 BNS.

sd/- 07/07/2025 / TRUE COPY / 07/07/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

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TO

1. The Judicial Magistrate, Thirumayam, Pudukottai District

2. Do Through The Chief Judicial Magistrate, Pudukottai District

3. The Officer In-charge Sub-Jail, Thirumayam.

4. The Inspector of Police, Thirumayam Police Station, Pudukottai District.

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

ORDER

IN CRL OP(MD) No.11330 of 2025 Date :07/07/2025 HPS/07.07.2025 /6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6