Nagarajan @ Nagu v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Nagarajan @ Nagu, S/o.Shanmugavel, ..Petitioner/ Accused No.5 Vs The State of Tamilnadu rep.by The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.

(Crime No.235 of 2024) .. Respondent/Complainant For Petitioner : M/s.M.Prabu 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.235 of 2024 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused No.5, who was arrested and remanded to judicial 1/7

custody on 14.08.2024 for the offences punishable under Sections 147, 148, 294(b), 436, 427, 406(ii) of IPC and Section 3 of the Public Property (Prevent of Damage & Loss) Act, 1992 and Section 3 of Indian Explosive Substances Act, 1908 @ Section 147, 148, 294(b), 436, 427, 307 and 506(ii) of IPC and Section 3 of Public Property (Prevent of Damage & Loss) Act, 1992 and Section 3 of Indian Explosive Substances Act, 1908 in Crime No.235 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that this petitioner and other accused persons had unlawfully assembled with deadly weapons and abused the defacto-complainant with filthy language and attempted to murder the defacto-complainant with Aruval and set fire to the defacto-complainant's house by throwing petrol bomb and caused loss to the defacto-complainant and made criminal intimidation against the defactocomplainant. Hence, the case.

3. The learned counsel for the petitioner would submit that there are totally 19 accused persons, this petitioner was arrayed as fifth accused. 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 2/7

imposed by this Court. He would further submit that the petitioner is in custody from 14.08.2024 nearly 11 months. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that there was some previous motive with regard to collection of PDS Rice from the village individuals and sold to the wholesale dealers. One Chinna Jamin and Left Karthi also indulged in the same business and sold the same to other competitors. In the year 2024, first accused Paambu Karthick marriage was solemnized, at that time, the accused persons conspired together and planned to murder the rival parties, who were causing disturbance for their PDS rice business.

For the said motive, the accused persons had unlawfully assembled with deadly weapons and abused the defacto-complainant with filthy language and attempted to murder the defactocomplainant with Aruval and set fire to the defacto-complainant's house by throwing petrol bomb and caused loss to the defacto-complainant and made criminal intimidation against the defacto-complainant. In this case, all the accused persons were arrested and subsequently released on bail. This petitioner is having seven previous cases. Already, this petitioner was detained under TamilNadu Act 14 of 1982 and subsequently the detention order was revoked by this Court in HCP. (MD).No.1231 of 2024 dated 23.02.2025.

sheet has also been filed and the same was taken on file in SC.No.162 of 2025 on the file of learned I Additional District and Sessions Judge, Thoothukudi. 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, investigation completed, charge sheet has also been filed and the same was taken on file in S.C.No.162 of 2025 on the file of learned I Additional District and Sessions Judge, Thootukudi, other co-accused were already released on bail, the petitioner/accused No.5 remanded into judicial custody on 14.08.2024, 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of learned I Additional District and Sessions Judge, Thoothukudi and on further conditions that :- 4/7

[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 I Additional District and Sessions Judge, Thoothukudi . If the petitioner changes his residential address, he shall report the same to the learned I Additional District and Sessions Judge, Thoothukudi ;

[c] the petitioner shall appear and sign before the respondent police daily at 10.00a.m.except on hearing dates, until further orders; and also the petitioner shall appear before the concerned Trial Court on hearing dates. [d] the petitioner shall not abscond either during 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/- 16/07/2025 / TRUE COPY / 17/07/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

GVN TO

1. THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, THOOTHUKUDI.

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2. THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

3. THE INSPECTOR OF POLICE, KOVILPATTI WEST POLICE STATION, THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL OP(MD) No.11709 of 2025 Date :16/07/2025 PR/17.07 .2025 7P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7