Rajeshkumar v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Dated : 03.11.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.14425 of 2025 Rajeshkumar ... Petitioner Vs.
State of Tamil Nadu, Represented by the Inspector of Police, Ammapttai Police Station, Thanjavur District.
(Crime No.1528 of 2022) ... Respondent For Petitioner : M/s.Vikash Kannan For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PRAYER :- For Bail in Cr.No. 1528 of 2022 on the file of the respondent police.
ORDER: The Court made the following order :- The petitioner/Accused No.2, who was arrested and remanded to judicial custody on 2603.2025 for the offences punishable under Sections 341, 506(ii), 364, 302 read with 34 of IPC in Crime No. 1528 of 2022, on the file of the respondent police, seeks bail.
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2. The case of the prosecution is that on 19.10.2022, all the accused persons abducted the defacto complainant in a car, threatened to kill him, and then fled from the spot. Subsequently, the offence was altered to murder. Hence, this case.
3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Since the petitioner was absconding during the pendency of PRC No. 6 of 2023 on the file of the District Munsif Cum Judicial Magistrate Court, Papanasam, NBW was issued and the respondent police executed the warrant on 26.03.2025. Therefore, he prays for grant of bail.
4. The learned Additional Public Prosecutor appearing for the respondent police opposed for grant of bail and submitted that A4 died and A1 is still absconding and A-3 was already granted bail.
5.Considering the facts and circumstances and considering the duration of the custody, this Court is inclined to grant bail to the petitioner on certain conditions.
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6. Accordingly, the petitioner is ordered to be released on bail, on executing 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 learned District Munsif Cum Judicial Magistrate Court, Papanasam, and on further conditions that, a)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; b)the petitioner shall appear before the District Munsif Cum Judicial Magistrate Court, Papanasam police daily at 10.30 a.m., until further orders; c)the petitioner shall not tamper with evidence or witness; d)the petitioner shall not abscond during trial; e)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 3/6
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].
f) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
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TO 1.The District Munsif Cum Judicial Magistrate Court, Papanasam.
2. The Superintendent, District Prison, Pudukkottai. 3.The Inspector of Police, Ammapttai Police Station, Thanjavur District.
4.The Additional Public Prosecutor, Madurai Bench Of Madras High Court, Madurai.
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S.SRIMATHY,J KSA
ORDER
IN CRL OP(MD) No. 14425 of 2025 Date : 03.11.2025 6/6