Nithish v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/09/2025 PRESENT THE HONOURABLE MRS.JUSTICE S.SRIMATHY Nithish ..Petitioner/ Sole Accused Vs The State of Tamilnadu Rep.by Inspector of Police, Gandharvakottai Police Station, Pudukkottai District.

(Crime No.(*)181 of 2025) .. Respondent/Complainant For Petitioners : Mr.S.Donraj Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.(*)181 of 2025 on the file of the Respondent Police. 1/6

ORDER : This 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 7(1)(a) of the Criminal law Amendment Act and Sections 20,25(1)(a) of Arms Act, 1959 in Crime No.(*)181 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner is said to have threatened the public place by showing a knife(aruval) and thereby threatened the public inside the Vellaikovil Temple, Gandharvakkottai and thereby created nuisance and also caused disturbances to the devotees. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner committed any offence as alleged by the prosecution. The petitioner family members claiming their right of goat offering in the above said temple, due to which is a wordy quarrel arose between the petitioner and the rival groups. He would further submit that the petitioner is in custody from 12.08.2025. Hence, he seeks bail. 4.The learned Additional Public Prosecutor submitted that the petitioner is said to have threatened the public place by showing a knife(aruval) in a drunken mode 2/6

and threatened the public inside the Vellaikovil Temple, Gandharvakkottai and thereby created nuisance and also caused disturbances to the devotees. However, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and there is no previous case pending against the petitioner and also considering the period of incarceration suffered by 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 District Munsif cum Judicial Magistrate, Gandhavarkkottai, Pudukottai 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 her residential address and mobile number to the learned District Munsif cum Judicial Magistrate, 3/6

[c] If the petitioner changes her residential address, he shall report the same to the learned District Munsif cum Judicial Magistrate, [d] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

[e] the petitioner is directed to hold the Placard before the Government Hospital, Pudukottai District, displaying the message that "not to get addicted to drink" from 4.00 p.m. to 6.00 p.m for a period of one week.

[f] the petitioner shall not abscond either during investigation or trial.

[g] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[h] 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].

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[i] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 03/09/2025 (*)Amended as per the order of this Court dated04/09/2025 made in CRL MP(MD) No.11969 of 2025 in CRL OP(MD) No.14491 of 2025.

/ TRUE COPY / 04/09/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

RJR To be substituted to the order which is already despatched on 03/09/2025 TO 1 The District Munsif Cum Judicial Magistrate, 2 Do Through the Chief Judicial Magistrate, Pudukottai District.

3 The Officer Incharge, District Prison, Pudukottai.

4 The Inspector of Police, Gandharvakottai Police Station, pudukkottai District.

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

COPY TO:

The Dean, Government Hospital, Pudukottai District.

ORDER

IN CRL OP(MD) No.14491 of 2025 Date :03/09/2025 AS/04.09.2025/6P/7C AS/03.09.2025/6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

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