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Madras High CourtCRL OP(MD)/11508/2025allowed

Parvathinathan v. The State Of Tamilnadu

2025-07-08Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.07.2025 PRESENT The HONOURABLE MR.JUSTICE P.VADAMALAI Parvathinathan, S/o.Thevaran

...Petitioner / Sole Accused

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

(Crime No.258 of 2025) ... Respondent/ Complainant For Petitioner : Mr.R.Muthuram, Advocate.

For Respondent :

Mr.B.Thanga Aravindh, Government Advocate (Criminal Side) PETITION FOR BAIL Under Sec.483 of BNSS, 2023. PRAYER :- For Bail in Crime No.258 of 2025 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioner / accused, who was arrested and remanded to judicial custody on 21.06.2025 for the offences under Sections 296(b), 115(2), 109(1), 308(4) and 351(3) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.258 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 21.06.2025, at about 07:30 a.m., while the defacto complainant was standing in front of his shop, the petitioner is said to have approached him and demanded that he hand over the money in his possession. When the defacto complainant refused, the petitioner allegedly abused him using filthy language, took a sum of Rs.500 from his pocket, and attempted to take his life. However, the defacto complainant managed to escape unhurt. Thereafter, the petitioner is said to have threatened the defacto complainant with dire consequences and fled from the scene. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He would further submit that a false case has been foisted against the petitioner. He 2/6

would further submit that no injury was caused by the petitioner. He would further submit that the petitioner is in custody from 21.06.2025. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that the petitioner attempted to attack the defacto complainant and threatened him with dire consequences. He would further submit that there are thirteen previous cases against the petitioner. He would further submit that in this case no one sustained any injury at the hands of the petitioner. He would further submit that the alleged weapon has been recovered from the petitioner. He would also submit that the petitioner is a history-sheeter and, therefore, he opposes the grant of bail to the petitioner.

5. This Court has heard the learned counsel on both sides and perused the materials available on record.

6. Taking into consideration the facts and circumstances of the case and the nature of the offence allegedly committed by the petitioner and also taking into consideration the period of incarceration and also the fact that the alleged property has already been recovered, this court is inclined to grant bail to the petitioner, however, subject to the following conditions: 3/6

7. Accordingly, the petitioner is ordered to be released on bail on his 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 (*)The Judicial Magistrate No.I,Srivaikundam, Thoothukudi 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 mobile number to the learned (*)The Judicial Magistrate No.I,Srivaikundam, Thoothukudi District. If the petitioner changes his residential address, he shall report the same to the learned (*)The Judicial Magistrate No.I,Srivaikundam, Thoothukudi District. [c] the petitioner shall appear and sign before the respondent police daily twice at 10.00 a.m. and 05.00 p.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 4/6

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 of BNS, 2023.

8. In the result, this Criminal Original Petition is allowed subject to the conditions stated supra.

sd/- 08/07/2025 (*)Amended as per the order dated of this Hon'ble Court dated 15/07/2025 made in Crl.Mp(MD).No.9060 of 2025 in Crl.Op(MD).1150/ of 2025 / TRUE COPY / 15/07/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

PAL TO TO BE SUBSTITUTED WITH THE ORDER DATED 08/07/2025 ALREADY DESPATCHED (*)1. THE JUDICIAL MAGISTRATE NO.I,SRIVAIKUNDAM, THOOTHUKUDI DISTRICT.

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2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

(*)3. THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

4. THE INSPECTOR OF POLICE, MURAPPANADU POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1 CC to M/s.R.MUTHURAM, Advocate ( SR-7230[I] dated 08/07/2025 )

ORDER

IN CRL OP(MD) No.11508 of 2025 Date :08/07/2025 PR/08.07 .2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6