Prakash Parihar v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Prakash Parihar, S/o.Deepa Ram Ji, ..Petitioner/ Accused No.2 Vs The State of Tamilnadu rep.by The Inspector of Police, Palayamkottai Police Station, Tirunelveli District.

(Crime No.718 of 2024) .. 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.718 of 2024 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 custody on 27.06.2025 for the offences punishable under Sections 331(3), 331(4) & 305 (a) of BNS in Crime No.718 of 2024 on the file of the respondent police, seeks bail. 1/5

2. The case of the prosecution is that the defacto-complainant is the Manager in the Sathish Balaji Chit Fund. On 16.12.2024, the defacto-complainant locked the office premises and thereafter some persons broke open 11 lockers and entered into the chit Fund office and robbed Rs.70,860/-. The accused persons also damaged the CCTV Cameras and stolen Hard Drives and DVR. After investigation, he knew that this petitioner and other accused person were stolen the said properties. Hence, the case.

3. The learned counsel for the petitioner would submit that there are totally two accused persons, 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 27.06.2025, nearly 34 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that this petitioner and other accused person have break open the door of the Defactocomplainant's Chit Fund Company and stolen Rs.70,860/- DVR, Hard Disk and other materials. The stolen properties are not yet recovered, Car alone recovered from the accused persons. The first accused is still in judicial custody. Since the petitioner is belonged to Rajasthan, the accused persons are consecutively committed the similar kind of offences on the same day. This petitioner was formally arrested on 27.06.2025. 2/5

This petitioner is having one previous case, the same is 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, this petitioner was formally arrested on 27.06.2025, by this time most of the investigation might have been completed, the petitioner/accused No.2 is in judicial custody from 27.06.2025, 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.10,000/- (Rupees Ten Thousand only) with two sureties,(one surety must be a blood relative surety and other one surety must be a local resident) each for a like sum to the satisfaction of learned Judicial Magistrate No.1, 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 No.1, Tirunelveli District. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.1, 3/5

Tirunelveli District;

[c] the petitioner shall appear and sign before the respondent police daily twice at 10.00a.m., and 05.00p.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 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/- 31/07/2025 / TRUE COPY / /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.1, TIRUNELVELI DISTRICT. 4/5

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE SUPEINTENDENT, CENTRAL PRISON, SALEM DISTRICT. 4 THE SUB INSPECTOR OF POLICE, PALAYAMKOTTAI POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.12578 of 2025 Date :31/07/2025 NBF/SAR- /31/07/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5