Aravinth v. The State Of Tamilnadu Rep.By Its

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Aravinth, S/o.Radhakrishnan, ..Petitioner/ Accused No.2 Vs The State of Tamilnadu rep.by The Inspector of Police, Dindigul Town West Police Station, Dindigul District.

(Crime No.117 of 2025) .. Respondent/Complainant For Petitioner : Mr.S.Sivaprakasam 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.117 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused No.2, who was arrested and remanded to judicial custody on 09.05.2025 for the offences punishable under Sections 331(4), 305(a) @ 331(4), 305(a), 317(2) of BNS, 2023 in Crime No.117 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto-complainant locked his house 1/5

and they went to tour and returned to house on 31.03.2025 and he shocked that his house was break opened when he entered into the house and he found that Rs.2,90,000/- cash was found missing. Hence, the case.

3. The learned counsel for the petitioner would submit that there are totally four accused persons, this petitioner was arrayed as Accused No.2. Based on the confession of first accused, this petitioner and other accused were arrayed as Accused Nos.2 to 4. This petitioner was falsely implicated in the said case, this 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 petitioner is in custody from 09.05.2025, nearly 102 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that it is the case of theft, this petitioner and other accused persons have break open the house of the defacto-complainant and stolen Rs.2,90,000/-. In this case, investigation completed, charge sheet has been filed and the same was taken on file in C.C.No.734 of 2025 on the file Judicial Magistrate No.I, Dindigul. In this case, A3 was enlarged on bail by the Principal District and Sessions Judge, Dindigul in Crl.M.P.No.979 of 2025 dated 04.06.2025. In this case, the properties were recovered from the accused persons. This petitioner is having 11 previous cases. Hence. he 2/5

objected to grant bail to the petitioners.

5.Taking into consideration of the facts and circumstances of the case and also taking note of the fact that A3 was enlarged on bail by the Principal District and Sessions Judge, Dindigul in Crl.M.P.No.979 of 2025 dated 04.06.2025, in this case, investigation completed, charge sheet has been filed and the same was taken on file in C.C.No.734 of 2025 on the file Judicial Magistrate No.I, Dindigul, the petitioner/accused No.2 remanded into judicial custody on 09.05.2025, taking into consideration of the period of incarceration, 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 No.1, Dindigul 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 contact number to the learned Judicial Magistrate No.1, Dindigul. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.1, 3/5

Dindigul;

[c] the petitioner shall appear and sign before the respondent police daily twice at 10.00 a.m., and 05.00p.m. Except on hearing dates, until further orders; he shall appear before the concerned Court on hearing dates; [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 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/- 18/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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gvn TO

1. The Judicial Magistrate No.I, Dindigul.

2. Do Through The Chief Judicial Magistrate, Dindigul District.

3. The Superintendent, Central Prison, Madurai.

4. The Inspector of Police, Dindigul Town West Police Station, Dindigul District.

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

ORDER

IN CRL OP(MD) No.13696 of 2025 Date :18/08/2025 SBN/19.08.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5