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Madras High CourtCRL OP(MD)/12733/2025allowed

G. Sanjai Kumar @ Sanjai v. The State Of Tamilnadu

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 G.Sanjai Kumar @ Sanjai, S/o.Gopinath, ..Petitioner/A2 Vs The State of Tamilnadu rep.by The Inspector of Police, Karur Town Police Station, Karur District.

(Crime No.512 of 2025) .. Respondent/Complainant For Petitioner : Mr.K.C.Maniyarasu, 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.512 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner /A2, who was arrested and remanded to judicial custody on 23.06.2025 for the offences punishable under Sections 58(a), 111(2)(a), 111(3) of BNS 1/6

r/w 25(1)(a) of Arms Act in Crime No.512 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 23.06.2025, when the respondent police on patrolling duty, they received secret information, based on that information, they went to the place of occurrence, at that time, this petitioner and other accused persons found in possession of three feet sword and one feet knife. The police officials, caught and enquired the accused persons, they stated that they present at the place of occurrence with an intention to grab money from the wayfarer. Hence, the case.

3. The learned counsel for the petitioner would submit that the 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 co-accused/A1 was already released on bail by this Court in Crl.OP(MD)No.12400 of 2025, dated 23.07.2025. He would further submit that the petitioner is in custody from 23.06.2025, more than 36 days. Hence, he seeks bail. 2/6

4. The learned Government Advocate (Criminal Side) would submit that this petitioner and other accused persons are trying to grab money from the wayfarer by showing sword and knife. On seeing the police officials they were trying to escape from the spot. The first accused was arrested and released on bail and the third accused is absconding. The weapons were recovered by the respondent police. This petitioner is having 8 previous cases, out of which, five cases were disposed of. However, he opposed 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 23.06.2025, by this time most of the investigation might have been completed, the petitioner/A2 is in judicial custody from 23.06.2025, taking into consideration of the period of incarceration and also the fact that the co-accused/A1 was already released on bail by this Court, 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.I, Karur and on further conditions that :- 3/6

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

[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 4/6

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/- 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 COURT NO.1, KARUR.

2. THE CHIEF JUDICIAL, KARUR DISTRICT.

3. THE SUPERINTENDENT OF PRISION, SUB JAIL, KULITHALAI.

4. THE INSPECTOR OF POLICE, KARUR TOWN POLICE STATION, KARUR DISTRICT.

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

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ORDER

IN CRL OP(MD) No.12733 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