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Madras High CourtCRL OP(MD)/12781/2025allowed

R. Bharanipandi @ Pandi v. The State Of Tamil Nadu,

2025-07-30Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI R.Bharanipandi @ Pandi, S/o.Rengasamy, ..Petitioner/ Accused No.2 Vs The State of Tamilnadu rep.by The Inspector of Police, Karur Town Police Station, Karur District.

(Crime No.517 of 2025) .. Respondent/Complainant For Petitioner : Mr.R.Alagumani 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.517 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 1/6

custody on 24.06.2025 for the offences punishable under Sections 58(a), 111(2)(a), 111

(3) of BNS in Crime No.517 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 24.06.2025, when the police officials on their patrol duty, they received secret information, based on that information at about 7.20p.m., the respondent police went to the place of occurrence and seen that the petitioner and other accused persons found in possession of billhook and sword. After seeing the police officials, the accused persons were tried to escape from the spot. The respondent police caught the accused persons and enquired about the possession of weapons and they revealed that they present at the scene of occurrence with an intention to grab the money from wayfarer. Hence, the case.

3. The learned counsel for the petitioner would submit that there are totally four accused, this petitioner was arrayed as Accused No.2. 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 24.06.2025, nearly 36 days. Hence, he seeks bail. 2/6

4. The learned Government Advocate (Criminal Side) would submit that this petitioner and other accused persons have used to threaten the general public by showing sword. The respondent police arrested all the four accused persons, weapons also recovered from them. All the accused were arrested and Accused No.3 was enlarged on bail by the learned Principal District and Sessions Judge, Karur District. Accused No.1 was enlarged on bail by this Court in Crl.OP.(MD). No.12442 of 2025 dated 24.07.2025, Accused No.4 was enlarged on bail by this Court in Crl.OP.(MD).No.12725 of 2025 dated 29.07.2025. This petitioner is having 8 previous cases, all are similar in nature. 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, A3 enlarged on bail by the learned Principal District and Sessions Judge, Karur District, Accused No.1 was enlarged on bail by this Court in Crl.OP.(MD).No.12442 of 2025 dated 24.07.2025, Accused No.4 was enlarged on bail by this Court in Crl.OP.(MD).No.12725 of 2025 dated 29.07.2025, in this case, weapons were recovered by the respondent police, by this time most of the investigation might have been completed, the petitioner/Accused No.2 is in judicial custody from 24.06.2025, taking into consideration of the period of incarceration, 3/6

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 No.1, 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 Court No.1, Karur. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate Court No.1, Karur;

[c] the petitioner shall appear and sign before the respondent police daily twice at 10.30a.m. and 05.30p.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.

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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/- 30/07/2025 / 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 No.I, Karur.

2. Do through the Chief Judicial Magistrate, Karur.

3. The Superintendent, Central Prison, Trichy 5/6

4. The Inspector of Police, Karur Town Police Station, Karur District.

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

+1 CC to M/s.DR.R.ALAGUMANI, Advocate ( SR-8222[I] dated 30/07/2025 )

ORDER

IN CRL OP(MD) No.12781 of 2025 Date :30/07/2025 PS/SAR.30.07.2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6