Kannusamy 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 Kannusamy, S/o.Periyaseelan, ..Petitioner/ Accused Vs The State of Tamilnadu rep.by The Inspector of Police, Manapparai Police Station, Trichy, Trichy District.

(Crime No.485 of 2025) .. Respondent/Complainant For Petitioner : Mr.M.Iniyavan 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.485 of 2025 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 1/5

on 30.07.2025 for the offences punishable under Section 304(2) of BNS Act, 2023 in Crime No.485 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 29.07.2025, at about 8.30p.m. The defactocomplainant walking on the way to Church under the bridge. At that time, this petitioner/accused person walked behind the defacto-complainant and snatched her gold chain. Hence, the case.

3. The learned counsel for the petitioner would submit that this petitioner was falsely implicated in the said case. 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 30.07.2025, nearly 30 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that this petitioner followed the defacto-complainant and snatched her gold chain. The respondent police arrested and remanded the accused persons and recovered the property from the accused person. In this case, investigation completed, charge sheet has been filed through e-filing mode. There is no previous case against this petitioner. However, he objected to grant bail to the petitioner. 5.Taking into consideration of the facts and circumstances of the case and also 2/5

taking note of the fact that in this case, the entire property were recovered from the petitioner, there is no previous case against this petitioner, in this case, investigation completed, charge sheet has been filed through e-filing mode, the petitioner/accused remanded into judicial custody on 30.07.2025, taking into consideration of the period of incarceration, 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 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 contact number to the learned Judicial Magistrate, Manapparai, Trichy District. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate, Manapparai, Trichy 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 appear before 3/5

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 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/- 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, Manapparai, Trichy District.

2. Do Through The Chief Judicial Magistrate, Trichy District.

3. The Officer In-charge, Sub Jail, 4/5

Manapparai, Trichy District.

4. The Inspector of Police, Manapparai Police Station, Trichy District.

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

ORDER

IN CRL OP(MD) No.14342 of 2025 Date :29/08/2025 HPS/29.08.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5