Balasubramanian 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 Balasubramanian (M/27 years) Son of Murugesan ..Petitioner/ Sole Accused Vs State of Tamil Nadu Rep by the Inspector of Police, Keeraithurai Police Station, Madurai City, Madurai District.

(Crime No.333 of 2025) ... Respondent/Complainant For Petitioner : Mr.P.Karthick 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.333 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Sole Accused, who was arrested and remanded to judicial custody on 15.06.2025 for the offences punishable under Section 25(1)(a) Arms Act, 1/5

1959, in Crime No.333 of 2025 on the file of the respondent police, seeks bail,

2. The case of the prosecution is that on 15.06.2025 at about 2.15 p.m., the respondent police along with their officials conducted a regular patrol near Madakaruppu temple at Kannan Coloney, Chinthamani at that time, the petitioner was found in illegal possession of sword. Further, the petitioner had threatened the owner of the shop in the locality and demanded money by showing the sword. 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 there are five previous cases pending against the petitioner. He would further submit that the petitioner is in custody from 15.06.2025. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that no one was sustained injuries and there are 11 previous cases pending against the petitioner. He would further submit that the investigation is almost completed. However, he objected to grant bail to the petitioner. 2/5

5. Taking into consideration of the facts and circumstances of the case and also the fact that no one was sustained injuries and the investigation has been almost completed and taking into consideration of the period of incarceration suffered by the petitioner, this Court is 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 the learned Judicial Magistrate-IV, Madurai, 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-IV, Madurai. (c)If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate-IV, Madurai. [d] the petitioner shall report before the respondent police daily at 10.30 a.m.,and 05.30 p.m., until further orders. 3/5

[e] the petitioner shall not abscond either during investigation or trial.

[f] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[g] 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]. [h] 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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MSRM TO

1. THE LEARNED JUDICIAL MAGISTRATE-IV, MADURAI.

2. THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT.

3. THE OFFICER INCHARGE, DISTRICT PRISON, THENI DISTRICT.

4. THE INSPECTOR OF POLICE, KEERAITHURAI POLICE STATION, MADURAI CITY, MADURAI DISTRICT.

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

+1 CC to M/s.S.MEENA, Advocate ( SR-7204[I] dated 07/07/2025 )

ORDER

IN CRL OP(MD) No.11397 of 2025 Date :07/07/2025 PR/07.07 .2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5