Sakthivel v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Sakthivel, S/o.Mahalingam, ..Petitioners/ Accused No.3 Vs The State of Tamilnadu rep.by The Inspector of Police, Ganesh Nagar Police Station, Pudukottai District.
(Crime No.211 of 2025) .. Respondent/Complainant For Petitioner : Mr.N.Ananda Kumar 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.211 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused No.3 who was arrested and remanded to judicial custody on 07.08.2025 for the offences punishable under Sections 20, 25 (1A) of Arms act in Crime No.211 of 2025 on the file of the respondent police, seeks bail. 1/5
2. The case of the prosecution is that On 07.08.2025, this petitioner and other accused persons were having iron sword on their hands and they showed it towards the public and threatened them and on seeing them the public scattered here and there near Machuvadi Adaikalam Division Road in Pudukottai tot Thanjauvr Main Road. On seeing the police officials the accused persons escaped from the spot. Hence, the case.
3. The learned counsel for the petitioner would submit that there are totally three accused persons, this petitioner was arrayed as Accused No.3. The respondent police lodged a false complaint against this petitioner. 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 07.08.2025, nearly 20 days. Hence, he seeks bail.
4. The learned Government Advocate (Criminal Side) would submit that this petitioner and other accused persons showing lengthy sword towards public and threatened the general public and causing nuisance in the public place. In this case, the weapon and two wheeler were recovered by the respondent police. At the time of occurrence, no one sustained any injury. There is no previous case against this petitioner. However, he objected to grant bail to the petitioner. 2/5
5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that in this case, at the time of occurrence no on sustained any injury, weapons and two wheeler recovered by the respondent police, by this time material part of investigation might have been completed, there is no previous case against this petitioner, the petitioners/accused No.3 is in judicial custody from 07.08.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioners, 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.I, Pudukottai 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.I, Pudukottai. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.I, Pudukottai;
[c] the petitioner shall appear and sign before the respondent police daily at 3/5
10.30.a.m. until further orders;
[d] the petitioner shall not abscond either during investigation or trial. [e] the petitioners 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 petitioners 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/- 29/08/2025 / TRUE COPY / 29/08/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
gvn TO 1 The Judicial Magistrate No.I, Pudukottai. 2 Do Through the Chief Judicial Magistrate, Pudukkottai District. 4/5
3 The Superintendent, Central Prison, Trichy. 4 The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai District.
5 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.N.ANANDA KUMAR, Advocate ( SR-9360[I] dated 29/08/2025 )
ORDER
IN CRL OP(MD) No.14307 of 2025 Date :29/08/2025 NBF/SAR- /29/08/2025/ 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5