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Madras High CourtCRL OP(MD)/16234/2025closed

Ajay v. The Inspector Of Police

2025-09-24Honourable Mr Justice Sunder Mohan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/09/2025 PRESENT THE HONOURABLE MR. JUSTICE SUNDER MOHAN Ajay ... Petitioner/Accused Vs The State of Tamil Nadu, Rep By,The Inspector of Police, Shanarpatti Police Station, Dindigul.

(Crime No.279 of 2025) ... Respondent/Complainant For Petitioner : Mr.K.Bharath Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.279 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 08.07.2025 for the offences punishable under Sections 191(2), 191(3), 296(b), 103(1) 351(3) of BNS 2023 @ 191(2), 191(3), 296(b), 103(1), 351(3), 49 of BNS 2023, in Crime No.279 of 2025 on the file of the respondent police. seeks bail.

2. The case of the prosecution is that due to previous enmity, on 03.07.2025 at about 06.15p.m., the petitioner and others attacked the defacto complainant and the deceased with knife and sickle, threatened passers by, and thus committed the aforesaid offences.

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 08.07.2025. 2/6

4. The learned Additional Public Prosecutor submitted that the investigation has been completed and charge sheet has also been filed through E-filing and there is no previous case pending against the petitioner.

5. Taking into consideration of the facts and circumstances of the case, the fact the investigation has been completed and the charge sheet has also been filed through E-filing and also taking into 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 Judicial Magistrate Court No.III, Dindigul, 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.

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[b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders..

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

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

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

(S M J) 24.09.2025 msrm 4/6

To

1. The Judicial Magistrate Court No.III, Dindigul.

2. The Superintendent, District Jail, Dindigul.

3. The Inspector of Police, Shanarpatti Police Station, Dindigul.

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

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SUNDER MOHAN,J.

msrm

ORDER

IN CRL OP(MD) No.16234 of 2025 Date : 24.09.2025 6/6