Packiya Lakshmanan v. The State Of Tamilnadu, Rep. By The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Packiya Lakshmanan, S/o.Kanagaraj, ..Petitioner/ A2 Vs The State of Tamilnadu rep.by The Inspector of Police, Arumuganeri Police Station, Thoothukudi District.

(Crime No.75 of 2022) .. Respondent/Complainant For Petitioner : Mr.M.Pandian, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER:- For Bail in S.C.No.383 of 2023 pending on the file of the Assistant Sessions Court, Tiruchendur in connection with Crime No.75 of 2022. ORDER : This Court made the following order :- 1/6

The petitioner /A2, who was arrested and remanded to judicial custody on 24.05.2025 for the offences punishable under Section 392 IPC in Crime No.75 of 2022 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 27.03.2022 at about 23.25 hours, the petitioner along with other accused conspired together and waylaid the defacto complainant and threatened him with deadly weapons and robbed a sum of Rs.15,000/-, cell phone worth about Rs.10,000/-. Hence, the complaint. 3.The respondent police, after completing the investigation, has laid the final report and that the case was taken on file in P.R.C.No.80 of 2023 on the file of the Court of Judicial Magistrate, Tiruchendur and that subsequently, the case was committed to the Sessions Court and the same was taken on file in S.C.No.383 of 2023.

4.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. 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 2/6

from 24.05.2025 nearly 53 days. Hence, he seeks bail.

5. The learned Government Advocate (Criminal Side) would submit that the petitioner herein arrayed as second accused and the petitioner along with other accused persons way-laid the defacto complainant and robbed the amount of Rs.15,000/- and also a cell phone worth about Rs.10,000/-. He would further submit that the petitioner is having two previous cases similar in nature. Hence, he opposed to grant bail to the petitioner.

6. Taking into consideration of the facts and circumstances of the case and considering the undertaken given by the petitioner that he is ready and willing to abide any conditions that may be imposed by this Court and also taking note of the fact that the petitioner/A2 is in judicial custody from 24.05.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:

7. 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 Assistant Sessions Court, 3/6

Tiruchendur 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 Assistant Sessions Court, Tiruchendur. If the petitioner changes his residential address, he shall report the same to the Assistant Sessions Court, Tiruchendur; [c] the petitioner shall appear before the learend Assistant Sessions Judge, Assistant Sessions Court, Tiruchendur on all working days at 10.00 a.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 BNS.

sd/- 15/07/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

das TO

1. The Assistant Sessions Judge, Tiruchendur.

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

3. The Officer In-charge, Sub Jail, Srivaikundam.

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

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

5/6

ORDER

IN CRL OP(MD) No.11933 of 2025 Date :15/07/2025 HPS/17.07.2025 /6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6