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Madras High CourtCRL OP(MD)/12712/2025allowed

Balamurugan v. The State Of Tamilnadu Rep.By

2025-07-29Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Balamurugan, S/o.Perumal, : Petitioner/A1 Vs The State of Tamilnadu rep.by the Inspector of Police, Jaihindpuram Police Station, Madurai District.

(Crime No.702 of 2025) .. Respondent/Complainant For Petitioner : Mr.D.Muthupandi, 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.702 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 1/6

10.07.2025 for the offences punishable under Sections 20, 30, 25(1) (a) of Arms Act, in Crime No.702 of 2025 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 10.07.2025 at about 08.00 am, the respondent police was on routine patrol, they found that the petitioner and others found in possession of lethal weapons with intention to commit crimes. The defacto complainant, who is the Sub Inspector of Police arrested them and recovered four swords from them. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that other accused were already released on bail by the learned Principal Sessions Judge, Madurai in Crl.M.P.No.3165 of 2025, dated 24.07.2025. He further submitted that the petitioner is ready and willing to abide any conditions that may be imposed by this Court. He also submitted that the petitioner is in custody from 10.07.2025. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) submitted that on 10.07.2025 at about 08.00 am, the respondent police was on routine patrol, they 2/6

found that the petitioner and others found in possession of lethal weapons with intention to commit crimes. However, the properties were recovered and the petitioner is having two previous cases. 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 facts that the properties were recovered and the co-accused were already released on bail and the occurrence had taken place on 10.07.2025, by this time most of the investigation might have been completed and also considering the fact that the petitioner/Accused is in judicial custody from 10.07.2025, 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, each for a like sum to the satisfaction of learned Judicial Magistrate No.IV, Madurai, 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 3/6

Book to ensure their identity.

[b] the petitioner shall furnish his residential address and contact number to the learned Judicial Magistrate No.IV, Madurai. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.IV, Madurai;

[c] the petitioner shall appear and sign before the respondent police daily at 10.00 a.m., until further;

[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 4/6

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/- 29/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DAS TO 1.THE JUDICIAL MAGISTRATE NO.IV, MADURAI.

2.THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3.THE SUPERINTENDENT OF PRISON, CENTRAL PRISON, MADURAI.

4.THE INSPECTOR OF POLICE, JAIHINDPURAM POLICE STATION, MADURAI DISTRICT.

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

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ORDER

IN CRL OP(MD) No.12712 of 2025 Date :29/07/2025 NM/29.07.2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6