Dharmadhurai v. The State Of Tamil Nadu, Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Dharmadhurai, S/o.Marimuthu ..Petitioner/ Accused Vs The State of Tamilnadu rep.by The Inspector of Police, Lalapettai Police Station, Karur District.

(Crime No.206 of 2025) .. Respondent/Complainant For Petitioner : Mr.P.Pratheesh 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.206 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused who was arrested and remanded to judicial custody 1/5

on 22.06.2025 for the offences punishable under Sections 309(4), 311, 351(3) of BNS in Crime No.206 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 22.06.2025 at about 8.00a.m. The defactocomplainant bought some groceries from Lalapettai, when he was proceeding near Lalapettai Railway gate, this petitioner came there and threatened the defactocomplainant with knife and robbed a sum of Rs.1000/- from him. Hence, the case.

3. The learned counsel for the petitioner would submit that 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 22.06.2025, more than 36 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that this petitioner threatened the defacto-complainant with knife and robbed a sum of Rs.1000/- from him. The property was recovered by the respondent police. This petitioner is having three previous cases and he is a History Sheeter (H.S.No.2 of 2/5

2017). 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, FIR was registered on 22.06.2025, by this time most of the investigation might have been completed, the property was recovered by the respondent police, the petitioner/accused is in judicial custody from 22.06.2025, 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate No.1, Kulithalai, Karur 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, Kulithalai, Karur District. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.1, Kulithalai, Karur District;

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[c] the petitioner shall appear and sign before the respondent police daily twice at 10.30.a.m. and 05.30pm. 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/- 28/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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gvn TO

1. The Judicial Magistrate No.1, Kulithalai, Karur District.

2. Do through the Chief Judicial Magistrate, Karur.

3. The Officer In charge, Sub Jail, Kulithalai, Karur District.

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

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

ORDER

IN CRL OP(MD) No.12672 of 2025 Date :28/07/2025 PS/SAR.28.07.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5