Ajithkumar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/07/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Ajithkumar (Male/Aged 28 years) S/o.Balu ..Petitioner/ Accused No.1.

Vs State of Tamil Nadu Rep by the Inspector of Police, Thoothukudi South Police Station, Thoothukudi District.

(Crime No.418 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Ramanathan 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.418 of 2025 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioner /Accused No.1, who was arrested and remanded to judicial custody on 14.05.2025 for the offences punishable under Sections 296(b) of Bharatiya Nyaya Sanhita r/w Section 25(1A) of Arms Act, in Crime No.418 of 2025 on the file of the respondent police, seeks bail,

2. The case of the prosecution is that the defacto complainant along with 2 head constables were on patrol, the petitioner along with A2 was standing near Pallivasal in a suspicious manner and on seeing that police parties, the petitioner and A2 tried escaping from the police parties, however, the police parties secured the petitioner along with A2. While so, the petitioner and A2 have abused the police parties in filthy language and tried to attack them by using 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 co-accused/A2 had already been granted bail by the Principal Sessions Judge, Thoothukudi in Crl.M.P.No.2006 of 2/6

2025 dated 12.06.2025. He would further submit that the petitioner is in custody from 14.05.2025. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that no one was sustained injuries and there are 10 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.

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 Judicial Magistrate-I, Tuticorin, and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb 3/6

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 Judicial Magistrate-I, Tuticorin. (c)If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate-I, Tuticorin. [d] the petitioner shall report before the respondent police daily at 10.30 a.m.,and 05.30 p.m., until further orders. [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 4/6

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.

msrm To

1. The Judicial Magistrate-I, Tuticorin.

2. Do Through The Chief Judicial Magistrate, Tuticorin District.

3. The Officer In-charge, Peraoorani Sub Prison, Tuticorin.

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4. The Inspector of Police, Thoothukudi South Police Station, Thoothukudi District.

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

ORDER

IN CRL OP(MD) No.11408 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