Indhu Bharathi v. The State Of Tamil Nadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Indhu Bharathi ..Petitioner/ Accused No.2 Vs The State of Tamilnadu rep.by The Inspector of Police, Mathur Police Station, (Crime No.94 of 2025) .. Respondent/Complainant For Petitioner : Mr.S.Sathyachidambaram 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.94 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 07.06.2025 for the offences punishable under Sections 309(4) and 312 of BNS 2023, in Crime No.94 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that On 07.06.2025 at night, the petitioner 1/5

along with another accused had trespassed into the house of the defacto complainant for committing robbery and attacked the defacto complainant and his family members with knife. When the defacto complainant shouted at the accused persons, the neighbours came there and caught them red handed and handed over to the respondent police. Hence the case.

3. The learned counsel for the petitioner would submit that 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 08.06.2025, nearly for the past 78 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that this is the second bail application filed by the petitioner. The earlier bail petition was dismissed by this Court. Three persons have entered into the defacto complainant's house on 07.06.2025 midnight for committing robbery and threatened the family members of the defacto complainant with knife and caused injuries on all the family members of the defacto complainant. They were caught red-handed by the neighbours. The third accused is yet to be arrested. All the injured persons were discharged from the hospital. The petitioner herein is having one previous case for the offence under the POCSO Act. However, he objected to grant bail to the 2/5

petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the fact that the injured were discharged from the hospital and also the fact that the petitioner was arrested on 08.06.2025 and also the fact that major part of the investigation might have been completed by this time, 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, Keeranur, Pudukkottai 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 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, Keeranur, Pudukkottai District. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate, Keeranur, Pudukkottai District;

[c] the petitioner shall sign before the respondent Police Station daily twice at 10.00 a.m. and 5.00 p.m., until further orders. 3/5

[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/- 22/08/2025 / TRUE COPY / 22/08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

pnn TO

1. The Judicial Magistrate, Keeranur,

2. Do Through The Chief Judicial Magistrate, Pudukottai District. 4/5

3. The Superintendent, District Prison, Pudukottai District.

4.The Inspector of Police, Mathur Police Station, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.13932 of 2025 Date :22/08/2025 AS/22.08.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5