Deivendran v. State Of Tamilnadu Rep By Inspector Of Police, South Gate

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Deivendran, S/o.Pandiyan, ..Petitioner/ Accused Vs The State of Tamilnadu rep.by The Inspector of Police, Southgate Police Station, Madurai City.

(Crime No.192 of 2025) .. Respondent/Complainant For Petitioner : Mr.S.Murugapandi Advocate.

For Respondent : Mr.M.Karunanithi Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.192 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody 1/6

on 19.06.2025 for the offences punishable under Sections 192, 204, 133, 319, 351(2) of BNS in Crime No.192 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that On 18.06.2025 at about 09,00p.m. first accused came to the defacto-complianant's shop and gave a gold ornament weighing 62.100gms and asked the defacto-complainant to place hallmark stamp in the said ornament. The defacto-complainant told that the said ornament is not a pure gold and refused to lace hallmark stamp. Immediately, A1 contacted A2 and A3 and they immediately rushed to the spot, A2 introduced himself as retired Superintendent of Police and this petitioner introduced himself as Advocate. They all forced the defacto-complainant to place hallmark stamp and threatened him with dire consequences. Hence, the case.

3. The learned counsel for the petitioner would submit that totally three accused persons were involved in this case, this petitioner was arrayed as third accused. The said transaction is only made between the defacto-complainant and Accused Nos.1 and 2. This petitioner is a law college student, he 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 2/6

Court. He would further submit that the petitioner is in custody from 19.06.2025 nearly 15 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that the first accused and other accused persons have threatened the defacto-complainant to place hallmark stamp in the ornament which was brought by first accused. At the time of occurrence, no one sustained any injury. In this case, other accused are still in 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, there is no previous case against the petitioner, the petitioner/accused No.3 is in judicial custody from 19.06.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on 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 learned Judicial Magistrate Court No.IV, 3/6

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 contact number to the learned Judicial Magistrate Court No.IV, Madurai. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate Court No.IV, Madurai;

[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.

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[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/- 04/07/2025 / TRUE COPY / 04/07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

gvn TO

1. The Judicial Magistrate No.IV, Madurai

2. Do Through The Chief Judicial Magistrate, Madurai.

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

4. The Inspector of Police, Southgate Police Station, Madurai City.

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

+1 CC to M/s.S.MURUGAPANDI, Advocate ( SR-7143[I] dated 04/07/2025 )

ORDER

IN CRL OP(MD) No.11275 of 2025 Date :04/07/2025 HPS/04.07.2025 /6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6