Ajithkumar v. The State Of Tamil Nadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.08.2025 PRESENT THE HONOURABLE MR. JUSTICE P.VADAMALAI Ajithkumar ... Petitioner/3rd Accused Vs The State of Tamilnadu, Rep by the Sub-Inspector of Police, Keelarajakularaman Police Station, Virudhunagar District.

(Crime No.177 of 2025) ... Respondent/Complainant For Petitioner : M/s.B.Sudha Sathyananth For Respondent : Mr.M.Karunanithi Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.177 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 10.07.2025 for the offences punishable under Sections 316(2), 318(4), 62 of BNS, in 1/5

Crime No.177 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 01.15 p.m., the Sub Inspector of Police and other police personnel on patrol, duty near Alangulam to Rajapalayam, at that time, the petitioner along with A2 have attempted to remove the front side number plate of the car bearing Registration No.TN 43 D 2430 and on suspicion that the respondent police have searched the vehicle and found 11 bundles each appearing to consist of Rs.100 currency notes affixed on the top and bottom. However, a closer inspection reveals that the inner content of each bundle consisted of whit blank papers. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is only acting as driver, he was falsely implicated in this case. He further submitted that there is no previous case pending against the petitioner and he is ready and willing to abide by any conditions which may be imposed by this Court. He further submitted that the petitioner is in judicial custody from 10.07.2025. Hence, he seeks bail to the petitioner.

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4. The learned Government Advocate (Criminal Side) submitted that there are totally three accused persons involved in this case and the petitioner is arrayed as A3. He further submitted that A2 had already been arrested and remanded to judicial custody and A1 is absconding. He further submitted that there is no previous case pending against the petitioner and the investigation is almost completed. However, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the fact that the petitioner only acting as driver and he was arrested on 10.07.2025 and the entire property has been recovered and the investigation has been completed and also consideration the period of incarceration suffered by the petitioner, 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 the Principal District and Sessions Judge, Virudhunagar District at Srivilliputtur, 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. 3/5

[b] The petitioner shall furnish his residential address and mobile number to the Principal District and Sessions Judge, Virudhunagar District at Srivilliputtur.

(c ) If the petitioner changes his residential address, he shall report the same to the Principal District and Sessions Judge, Virudhunagar District at Srivilliputtur.

[d] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

[e] the petitioner shall not abscond either during investigation or trial.

[f] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[g] 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]. 4/5

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 06/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

msrm To

1. The Principal District and Sessions Judge, Virudhunagar District at Srivilliputtur.

2. The Officer Incharge, District Jail, Virudhunagar District.

3. The Sub-Inspector of Police, Keelarajakularaman Police Station, Virudhunagar District.

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

ORDER

IN CRL OP(MD) No.13152 of 2025 Date :06/08/2025 PS/SAR.07.08.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5