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Madras High CourtCRL OP(MD)/11686/2025allowed

Prasanth v. State Of Tamilnadu Rep By Inspector Of Police, Thanthonimalai

2025-07-10Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Prasanth, S/o.Chandrasekar,

...Petitioner/ Accused No.2

Vs The State of Tamilnadu rep.by The Inspector of Police, Thanthonimalai Police Station, Karur District.

(Crime No.140 of 2025) .. Respondent/Complainant For Petitioner : Mr.K.C.Maniyarasu For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.140 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused No.2, who was arrested and remanded to judicial custody on 28.04.2025 for the offences punishable under Sections 332(a) and 309(6) 1/6

of BNS Act @ 332(b) of BNS Act in Crime No.140 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 25.04.2025 at about 6.30p.m. when the defacto-complainant was at his home, the accused persons trespassed into the house of the defacto-complainant and threatened him with knife and they robbed a sum of Rs.5,00,000/- and five sovereigns of gold chain from the house of the defactocomplainant. Hence, the case.

3. The learned counsel for the petitioner would submit that in this case, there are totally three accused persons, this petitioner was arrayed as second accused. The first accused was already enlarged on bail by this Court in Crl.O.P.(MD).No.10391 of 2025 dated 02.07.2025. 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 from 28.04.2025 nearly 64 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that this 2/6

petitioner and other accused persons have trespassed into the house of the defactocomplainant and stolen a sum of Rs.5,00,000/- and five sovereign of jewels. In this case, entire properties were recovered by the respondent police. In this case, investigation has been completed and the charge sheet has also been filed and the same was taken on file in PRC.No.27 of 2025 on the file of the learned Judicial Magistrate No.I, Karur. The first accused was already enlarged on bail by this Court in Crl.O.P.(MD).No.10391 of 2025 dated 02.07.2025. 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 first accused was already enlarged on bail by this court, the entire properties were recovered by the respondent police, in this case, investigation completed, charge sheet has also been filed and the same was taken on file in PRC.No.27 of 2025 on the file of the Judicial Magistrate No.I, Karur, there is no previous case against this petitioner, the petitioner/accused No.2 is in judicial custody from 28.04.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:

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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 No.I, Karur 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 No.I, Karur. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.I, Karur; [c] the petitioner shall stay at Salem and sign before the Inspector of Police, Annathanapatti Police Station, daily twice at 10.30.a.m., and 05.30p.m. until further orders except the court hearing dates and shall appear before the concerned Court on hearing dates without fail.

[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/- 10/07/2025 / TRUE COPY / 10/07/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

GVN 5/6

TO

1. THE JUDICIAL MAGISTRATE NO.I, KARUR.

2. THE CHIEF JUDICIAL MAGISTRATE, KARUR.

3. THE OFFICER INCHARGE,SUB JAIL, KARUR.

4. THE INSPECTOR OF POLICE, THANTHONIMALAI POLICE STATION, KARUR DITRICT.

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

COPY TO THE INSPECTOR OF POLICE, ANNATHANAPATTI POLICE STATION, SALEM.

ORDER

IN CRL OP(MD) No.11686 of 2025 Date :10/07/2025 PR/10.07 .2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6