Samraj v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/09/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Samraj ... Petitioner/Accused Vs The State of Tamil Nadu, Rep By,The Inspector of Police, Sankarankovil Taluk Police Station, Tenkasi District.

Cr.No.330 of 2025.

... Respondent/Complainant For Petitioner : Mr. M. Ramu, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.330 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 1/5

24.06.2025 for the offences punishable under Sections 126(2), 296(b), 131, 351(3), 109 of BNS and 27(1) Arms Act, in Crime No.330 of 2025 on the file of the respondent police. seeks bail.

2. The case of the prosecution is that due to dispute regarding the transferring of land backdrop the petitioner waylaid the defacto complainant and abused him with filthy language and attempted his life with sickle and threatened him with dire consequences and threatened the public also spinning the sickle over his hand. 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 24.06.2025. Hence, he seeks bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that there are 13 previous cases pending as against the petitioner and the petitioner was detained under Goondas Act and the same was revoked. However, he opposed for grant of 2/5

bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also consideration 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 Judicial Magistrate, Sankarankovil, 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, Sankarankovil. (c ) If the petitioner changes his residential address, she shall report the same to the learned Judicial Magistrate, Sankarankovil. [d] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

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[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 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/- 08/09/2025 / TRUE COPY / 08/09/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

msrm To

1. The Judicial Magistrate, Sankarankovil.

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

3. The Superintendent, Central Prison Palayamkottai.

4. The Inspector of Police, Sankarankovil Taluk Police Station, Tenkasi District.

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

+1 CC to M/s.M.RAMU, Advocate ( SR-9711[I] dated 08/09/2025 )

ORDER

IN CRL OP(MD) No.14760 of 2025 Date :08/09/2025 HPS/08.09.2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5