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Madras High CourtCRL OP(MD)/11551/2025allowed

Ramar v. The State Of Tamil Nadu

2025-07-11Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/07/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI CRL OP(MD). Nos.11551 & 11595 of of 2025

1. Ramar

2. Balasubramniyan

3. Mohamed Ashraf

4. Muniyasamy

5. Mani Karthick ..Petitioner in Cr.OP(MD).No.11551 of 2025 Subramaniyan

...Petitioner in Crl.O.P.No.11595 of 2025

Vs State of Tamil Nadu Rep by the Inspector of Police, SS Colony Police Station, Madurai City.

(Crime No.350 of 2025) ... Respondent in both petitions For Petitioners : Mr.C.Ezhilarasu (in both petitions) Advocate.

For Respondent :

Mr.B.Thanga Aravindh (in both petitions) Government Advocate (Crl.Side) 1/6

PETITIONS FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.350 of 2025 on the file of the respondent police. COMMON ORDER : The Court made the following order :- The petitioners / Accused Nos. 3 to 8, who were arrested and remanded to judicial custody on 08.06.2025 for the offences punishable under Sections 191(2), 191 (3), 140(1), 49, 115(2), 118(1), 351(3) and 333 of BNS, in Crime No.350 of 2025 on the file of the respondent police, seek bail,

2. The case of the prosecution is that the defacto complainant and A1 are known to each other. Further, A1 is running men's hostel in SS Colony and the defacto complainant had stayed in the hostel in SS Colony and studied in college. After completion of degree, the defacto complainant had also started a hostel for men in the same area. Due to business motive, A1 and A2 have threatened the defacto complainant to close the hostel , which was refused by the defacto complainant. Further, at the instigation of A1 and A2, on 07.06.2025, the petitioners along with other accused persons have kidnapped the defacto complainant and attacked him with wooden log and beer bottle and caused injuries. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the 2/6

prosecution. He would further submit that co-accused/A1 had already been granted anticipatory bail by this Court in Crl.OP(MD).No.11147 of 2025 dated 02.07.2025. He would further submit that the petitioners are ready and willing to abide by any stringent conditions that may be imposed by this Court. He would further submit that the petitioners are in judicial custody from 08.06.2025. Hence, he seek bail.

4. The learned Government Advocate (Criminal Side) would submit that the injured person was treated as out-patient and there are six previous cases pending against A3 and there is no previous case pending against A4 to A8. He would further submit that the investigation is almost completed. However, he objected to grant bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and also the fact that the injured person was treated as out-patient and the investigation has been almost completed and co-accused/A1 had been granted anticipatory bail by this Court in Crl.OP(MD).No.11147 of 2025 dated 02.07.2025 and taking into consideration of the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners, subject to the following conditions:

6. Accordingly, the petitioners are ordered to be released on bail on executing a separate 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 3/6

No.V, 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 petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate No.V, Madurai. (c)If the petitioners changes their residential address, they shall report the same to the learned Judicial Magistrate No.V, Madurai. [d] the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders.

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

[f] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme 4/6

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/- 11/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

msrm To 1 THE JUDICIAL MAGISTRATE NO.V, MADURAI.

2 THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

4. The Inspector of Police, SS Colony Police Station, Madurai City.

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

+1 CC to M/s.C.EZHILARASU, Advocate ( SR-7414[I] dated 11/07/2025 ) 5/6

ORDER

IN CRL OP(MD) No.11551 of 2025 Date :11/07/2025 MK/11.07.2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6