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Madras High CourtCRL OP(MD)/13400/2025allowed

V. Dhilipsson v. State Of Tamilnadu Rep.By

2025-08-11Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11.08.2025 PRESENT THE HONOURABLE MR. JUSTICE P.VADAMALAI V.Dhilipsson ... Petitioner/Sole Accused Vs The State of Tamilnadu, Rep by the Sub-Inspector of Police, Nangavaram Police Station, Karur District.

(Crime No.164 of 2025) ... Respondent/Complainant For Petitioner : Mr.K.Arunraj For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.164 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 30.06.2025 for the offences punishable under Sections 309(4) and 311 of BNS, in Crime No.164 of 2025 on the file of the respondent police, seeks bail. 1/5

2. The case of the prosecution is that on 30.06.2025 at about 11 a.m, when the defacto complainant was proceeding towards Thiruchappur Bus stop in his two wheeler, the petitioner came there and he demanded the defacto complainant to buy him alcohol or to give him money. When the defacto complainant refused for the same, the petitioner has threatened the defacto complainant by showing knife and he has taken away a sum of Rs.700/- from the pocket of the defacto complainant and ran away. 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 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 30.06.2025. Hence, he seeks bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that there are four previous cases pending against the petitioner and the investigation is almost completed. He further submitted that the property has been recovered. 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 investigation has been 2/5

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 Judicial Magistrate No.II, Kulithalai, 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.

[b] The petitioner shall furnish his residential address and mobile number to the Judicial Magistrate No.II, Kulithalai. (c ) If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate No.II, Kulithalai. [d] the petitioner shall report before the respondent police daily twice at 10.30 a.m., and 05.30 p.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 3/5

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].

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

sd/- 11/08/2025 / TRUE COPY / /2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

msrm TO 1 THE JUDICIAL MAGISTRATE NO.II, KULITHALAI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT. 3 THE OFFICER INCHARGE, SUB JAIL, KULITHALAI. 4 THE SUB INSPECTOR OF POLICE, NANGAVARAM POLICE STATION, KARUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.13400 of 2025 Date :11/08/2025 NBF/SAR- /11/08/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5