Jegan @ Jeganraj v. The State Of Tamil Nadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Jegan @ Jeganraj, S/o.Ponraj, ..Petitioner/ Accused Vs The State of Tamilnadu rep.by The Inspector of Police, Muthaiahpuram Police Station, Thoothukudi District.

(Crime No.216 of 2024) .. Respondent/Complainant For Petitioner : Mr.A.Mohamed Arif 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.216 of 2024 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody 1/6

on 03.07.2024 for the offences punishable under Sections 311, 309(4) of BNS in Crime No.216 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto-complainant is working as a Welder. On 02.07.2024 at about 8.00p.m. the defacto-complainant and his brother was intercepted by the accused and the accused threatened him by showing knife and demanded money from the defacto-complainant and further the defactocomplainant fight against the accused from the aforesaid incident and thereafter the accused committed robbery of defacto-complainant's mobile phone and the accused ran away from the spot. Hence, the case.

3. The learned counsel for the petitioner would submit that in this case, final report was filed by the respondent police and the same committed to I Additional District Judge, Thoothukudi in S.C.No.295 of 2024. Now the present case is posted for framing of charges. This petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. This 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 03.07.2024, nearly 11⁄2 years. Hence, he seeks bail.

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4. The learned Government Advocate (Criminal Side) would submit that this petitioner robbed mobile phone of the defacto-complainant. In this case, the properties were already recovered by the respondent police. This petitioner was detained under TamilNadu Act 14 of 1982 and the same was revoked by this Court in HCP(MD).No.1299 of 2024 dated 04.06.2024. In this case, final report was filed by the respondent police and the same committed to I Additional District Judge, Thoothukudi in S.C.No.295 of 2024. This petitioner is having five previous cases, all are similar in nature. Hence, he objected to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that in this case, final report was filed by the respondent police and the same committed to I Additional District Judge, Thoothukudi in S.C.No.295 of 2024, this petitioner was detained under under TamilNadu Act 14 of 1982 and the same was revoked by this Court in HCP(MD).No.1299 of 2024 dated 04.06.2024, the properties were already recovered by the respondent police, the petitioner/Accused is in judicial custody from 03.07.2024, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of learned I Additional District Judge, Thoothukudi 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 I Additional District Judge, Thoothukudi District. If the petitioner changes his residential address, he shall report the same to the learned I Additional District Judge, Thoothukudi District;

[c] the petitioner shall appear and sign before the respondent police daily at 10.30.a.m., except on hearing dates, until further orders; he shall also appear before the concerned Trial 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 4/6

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/- 20/08/2025 / TRUE COPY / 20/08/2025 Sub-Assistant Registrar ( C.S. II ) Madurai Bench of Madras High Court, Madurai - 625 023.

gvn TO

1. The I Additional District Judge, Thoothukudi District

2. The Superintendent of Prison, Perurani Prison, Thoothukudi District.

3. The Inspector of Police, Muthaiahpuram Police Station, Thoothukudi District.

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

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ORDER

IN CRL OP(MD) No.13804 of 2025 Date :20/08/2025 HPS/20.08.2025 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6