Balaguru v. The State Of Taminadu, Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11.08.2025 PRESENT THE HONOURABLE MR. JUSTICE P.VADAMALAI Balaguru ... Petitioner/Accused No.3 Vs The State of Tamilnadu, Rep by the Inspector of Police, Thiruppanandal Police Station, Thanjavur District.

(Crime No.115 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Sankar For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.115 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 28.07.2025 for the offences punishable under Sections 296(b), 109 of BNS @ 8( c ) r/w 25(1)(a) of Arms Act , in Crime No.115 of 2025 on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that on 09.06.2025, due to previous enmity between A1 and the defacto complainant, the petitioner along with other accused persons have intercepted the defacto complainant and attacked him with Aruval and hands and caused injuries. 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 the friend of A1, he was falsely implicated in this case and co-accused /A2, A4 have already been released on bail by the Principal District and Sessions Judge, Thanjavur and there is no previous case pending against the petitioner. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 28.07.2025. Hence, he seeks bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that there are totally four accused persons involved in this case and the petitioner is arrayed as A3. He further submitted that there was a previous enmity between the first accused and the defacto complainant, A1 had taken sand from the river and a case was registered by the respondent police in Crime No.108 of 2025 against the first accused for the offence under Mines and Minerals Act. Further, on 09.06.2025, the petitioner 2/5

along with other accused persons have intercepted the defacto complainant and attacked him with deadly weapons and caused injuries.. He further submitted that the property has been recovered and the injured person has been discharged from the hospital 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 property has been recovered and the injured person has been discharged from the hospital on 18.06.2025. Further, co-accused/A2, A4 have already been granted bail by the Principal District and Sessions Judge, Thanjavur and the investigation has been almost 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 learned District Munsif cum Judicial Magistrate, Thiruvidaimaruthur, Thanjavur 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 3/5

their Aadhar card or Bank pass Book to ensure their identity. [b] The petitioner shall furnish his residential address and mobile number to the learned District Munsif cum Judicial Magistrate, Thiruvidaimaruthur, Thanjavur District.

(c ) If the petitioner changes his residential address, he shall report the same to the learned District Munsif cum Judicial Magistrate, Thiruvidaimaruthur, Thanjavur District .

[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/- 11/08/2025 / TRUE COPY / 11/08/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

msrm To

1. The District Munsif cum Judicial Magistrate, Thiruvidaimaruthur, Thanjavur District.

2.Do Through The Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

3. The Superintendent, Sub Jail, Thiruvidaimaruthur.

4. The Inspector of Police, Thiruppanandal Police Station, Thanjavur District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.13418 of 2025 Date :11/08/2025 SBN/11.08.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5