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Madras High CourtCRL OP(MD)/12377/2025allowed

Saravanan v. State Represented By The Inspector Of Police

2025-07-23Honourable Mr Justice P.Vadamalai7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Saravanan, S/o.Murali Krishnan Alias Kittamani, ..Petitioner/ Accused No.1 Vs The State of Tamilnadu rep.by The Inspector of Police, Cheranmahadevi Police Station, Tirunelveli District.

(Crime No.321 of 2025) .. Respondent/Complainant For Petitioner : Mr.R.Muthuram 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.321 of 2025 on the file of the Respondent Police. 1/7

ORDER : This Court made the following order :- The petitioner / Accused No.1, who was arrested and remanded to judicial custody on 12.07.2025 for the offences punishable under Sections 296(b), 132, 109(1) & 351(3) of BNS in Crime No.321 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 01.07.2025, while the respondent police on their patrol duty, they noticed that some of the persons standing with lethal weapons in a suspicious manner and the respondent police approached and enquired them, at that time, this petitioner and other accused persons have abused the respondent police in a filthy language and attempted to attack the police officials. Hence, the case.

3. The learned counsel for the petitioner would submit that there are totally three accused, this petitioner was arrayed as Accused No.1. This 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 12.07.2025, more than 11 days. Hence, he seeks bail. 2/7

4. The learned Government Advocate (Criminal Side) would submit that this petitioner and other accused persons were standing with lethal weapon in a suspicious manner, the respondent police approached and enquired them, at that time, the accused persons abused the respondent police with filthy language and trying to attack the police officials. On the same day of the said occurrence, this petitioner was committed another offence and the same was registered in Cr.No.411 of 2025 on the file of Muneerpallam Police Station, Tirunelveli District. In respect of the Cr.No.411 of 2025, this petitioner was enlarged on bail by this Court on 22.07.2025 in Crl.OP(MD).No.12328 of 2025. At the time of occurrence, no one injured. This petitioner is a History Sheeted accused (HS.No.359/2020). Hence, 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, at the time of occurrence no one sustained any injury, this petitioner already arrested in respect of Cr.No.411 of 2025 and subsequently enlarged on bail by this court by order dated 22.07.2025 in Crl.OP(MD). No.12328 of 2025, by this time most of the investigation might have been completed, the petitioner/accused No.1 is in judicial custody from 12.07.2025, taking into 3/7

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 Judicial Magistrate Court, Cheranmahadevi, Tirunelveli 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 contact number to the learned Judicial Magistrate Court, Cheranmahadevi, Tirunelveli District. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate Court, Cheranmahadevi, Tirunelveli District; [c] the petitioner shall appear and sign before the Inspector of Police, Muneerpallam Police Station, Tirunelveli District daily twice at 10.30a.m. and 05.30p.m. until further orders.

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[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 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/- 23/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

gvn TO 1 THE JUDICIAL MAGISTRATE, CHERANMAHADEVI, TIRUNELVELI DISTRICT.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

4 THE INSPECTOR OF POLICE, CHERANMAHADEVI POLICE STATION, TIRUNELVELI DISTRICT.

5 THE INSPECTOR OF POLICE, MUNEERPALLAM POLICE STATION, TIRUNELVELI DISTRICT.

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

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ORDER

IN CRL OP(MD) No.12377 of 2025 Date :23/07/2025 AS/23.07.2025/7P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 7/7