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Madras High CourtCRL OP(MD)/13154/2025allowed

Dinesh Kumar @ Maadu Jeeva v. The State Of Tamil Nadu Rep. By

2025-08-07Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07.08.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI Dinesh Kumar @ Maadu Jeeva ... Petitioner/ Accused No.4 Vs State of Tamilnadu rep. by The Inspector of Police, Keeraithurai Police Station, Madurai City.

(Crime No.166 of 2025) ... Respondent/ Complainant For Petitioner : Mr.K.Sathishkumar, Advocate.

For Respondent : Mr.S.Prakash, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Section 482 B.N.S.S. PRAYER :- For Anticipatory Bail in Crime No.166 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused No.4, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 25(1)(a) and 35 of Arms 1/5

Act, 1959 in Crime No.166 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 11.03.2025, the accused 1 to 3 were found in illegal possession of sword and aruval and they confessed that the petitioner and the fifth accused asked them to murder one Arunkumar, for which, they had assembled with deadly weapons. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution and that the petitioner is no way connected with the case, a false case has been lodged as against the petitioner. He would further submit that only on the basis of the confession of the co-accused, the petitioner was implicated. The petitioner is ready and willing to abide any conditions which may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that there are totally 5 accused, the petitioner arrayed as A4 and that the accused persons had illegally possessed deadly weapons. He would further submit that the properties were recovered by the respondent police, that the accused 1 to 3 and 5 were already arrested and released on bail by the lower Court and that the petitioner is having 9 previous cases. Hence, he opposed to grant 2/5

anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and also considering the facts that the properties have already been recovered and that the accused 1 to 3 and 4 were already released on bail and taking note of the fact that most of the investigation might have been completed by this time, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate No.IV, Madurai on condition that the petitioner shall execute 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 the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the Judicial Magistrate No.IV, Madurai and on further conditions that: (a) the petitioner and 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.IV, Madurai. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial 3/5

Magistrate No.IV, Madurai;

(c) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioner shall not abscond 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]; and; (g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 07/08/2025 / TRUE COPY / /2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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CSM TO

1. The Judicial Magistrate No.IV,Madurai.

2. The Inspector of Police, Keeraithurai Police Station,Madurai City.

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

+1 CC to M/s.K.SATHISH KUMAR, Advocate ( SR-8623[I] dated 08/08/2025 )

ORDER

IN CRL OP(MD) No.13154 of 2025 Date :07/08/2025 NBF/SAR- /26/08/2025/ 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5