Dharmar v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Dharmar ... Petitioner/ Accused No.4 Vs The State of Tamilnadu, Rep by the Inspector of Police, Puthanatham Police Station, Trichy District.
(Crime No.244 of 2025) ... Respondent/Complainant For Petitioner : Mr.B.Senthilkumar For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.244 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 12.08.2025 for the offences punishable under Sections 310(2), 333, 127(7), 311, 351(3) and 332(b) of BNS 2023 in Crime No.244 of 2025 on the file of the respondent police. seeks bail.
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2. The case of the prosecution is that when the defacto complainant, his husband and their children were sleeping in and out of the house, the petitioner along with other accused persons have attacked the husband of the defacto complainant with wooden log and entered into the house and tied the defacto complainant and her husband and children with green fence and pasted their mouth with brown cello tape and threatened them with weapons and robbed the ear-rings and other gold jewels, totally 9 1⁄2 sovereign of gold and the amount of Rs.1,00,000/- and gave life threat. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 12.08.2025. Hence, he seeks bail to the petitioner.
4. The learned Government Advocate (Criminal Side) submitted that there is no previous case pending as against the petitioner and the investigation is almost completed. However, he opposed for grant of bail to the petitioner.
5. Taking into consideration of the facts and circumstances of the case and also the investigation has been almost completed and there is no previous case pending against the petitioner and also consideration the period of incarceration suffered by 2/5
the petitioner, 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.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Manapparai, Trichy 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 mobile number to the learned Judicial Magistrate, Manapparai, Trichy District. (c ) If the petitioner changes his residential address, she shall report the same to the learned Judicial Magistrate, Manapparai, Trichy District. [d] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.
[e] the petitioner shall not abscond either during investigation or trial.
[f] the petitioner shall not tamper with evidence or witness either during investigation or trial.
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[g] 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].
[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
sd/- 01/09/2025 / TRUE COPY / 01/09/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
msrm TO 1 The Judicial Magistrate, Manapparai, Trichy District. 2 Do Through the Chief Judicial Magistrate, Trichy District. 3 The Superintendent, Central Prison, Trichy. 4 The Inspector of Police, Puthanatham Police Station, Trichy District. 5 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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+1 CC to M/s.B.SENTHIL KUMAR, Advocate ( SR-9428[I] dated 01/09/2025 )
ORDER
IN CRL OP(MD) No.14381 of 2025 Date :01/09/2025 NBF/SAR- /01/09/2025/ 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5