Arunjunairajan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/09/2025 PRESENT THE HONOURABLE MRS.JUSTICE S.SRIMATHY Arunjunairajan S/o.Rathinavel ..Petitioner/ Accused No.5 Vs State represented through The Sub Inspector of Police, Krishnan Kovil Police Station, (Crime No.176 of 2025) .. Respondent/Complainant For Petitioner : Mr.D.Muthupandi Advocate.

For Respondent : Mr.Thiruvadi Kumar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.176 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 26.08.2025, for the offences punishable under Section 25(1A) of Arms Act, Sections 8 (c), 20(b)(ii)(A), 25 of NDPS Act and Section 77 of Juveline Justice (Care and Protection) Act, 2000, in Crime No.176 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that based on secret information, the Police involved patrol duty on 26.08.2025 at about 05.15 p.m. in Rajapalayam to Madurai Road near Kunnur junction. At that time, the accused persons saw the police officials and tried to escape from the scene of occurrence. The police officials surrounded the area and conduct enquiry to the accused persons. After enquiry, they found that the other accused persons have illegal custody of three knives and 250 grams of ganja and the petitioner had 100 grams of ganja. Pursuant to the same, the respondent police confiscated the ganja and the knives, and arrested the accused persons. There are totally 6 accused in this case. The petitioner was arrayed as accused No.5. Hence, the complaint.

2/6

3.The learned Counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in custody from 26.08.2025. Hence, he seeks bail.

4.The learned Additional Public Prosecutor submitted that on 26.08.2025 at about 05.15 p.m., when the Police on patrol duty towards Rajapalayam to Madurai Road near Kunnur junction, the accused persons saw the police officials and tried to escape from the scene of occurrence. The police officials surrounded the area and conduct enquiry to the accused persons. After enquiry, they found that the other accused persons have illegal custody of three knives and 250 grams of ganja and the petitioner had 100 grams of ganja. Pursuant to the same, the respondent police confiscated the ganja and the knives. There are totally 6 accused in this case. The petitioner was arrayed as accused No.5. However, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner, subject to the following conditions:- 3/6

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 Court No.II, Srivilliputhur, Virudhunagar 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 Court No.II, Srivilliputhur, [c] If the petitioner changes her residential address, he shall report the same to the learned Judicial Magistrate Court No.II, Srivilliputhur, [d] the petitioner shall report before the respondent police for a period of three weeks, i.e. daily at 10.30 a.m., and thereafter, as and when required for interrogation.

[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.

[g] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the 4/6

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

rjr TO 1 The Judicial Magistrate Court No.II, Srivilliputhur, Virudhunagar 2 Do Through The Chief Judicial Magistrate, 3 The Officer Incharge, District Prison, Virudhunagar.

5/6

4 The Sub Inspector of Police, krishnan Kovil Police Station, virudhunagar District.

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

+1 CC to M/s.D.MUTHUPANDI, Advocate ( SR-9635[I] dated 04/09/2025 )

ORDER

IN CRL OP(MD) No.14622 of 2025 Date :04/09/2025 NM/04.09.2025/ 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6