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Madras High CourtCRL OP(MD)/15330/2025granted

Ponmuthu Vijay @ Muthu v. The Inspector Of Police

2025-10-16Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Ponmuthu Vijay @ Muthu ... Petitioner/Accused Vs The State of Tamil Nadu, Rep By,The Inspector of Police, Central Police Station, Thoothukudi District.

(Crime No.225 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Kanagarajan 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.225 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 18.08.2025 for the offences punishable under Sections 309(4), 111 of BNS 2023, in Crime No.225 of 2025 on the file of the respondent police. seeks bail.

2. The case of the prosecution is that the petitioner along with other accused persons had stolen a sum of Rs.21,500/-, a cellphone and 30 shirts from the shop of the defacto complainant and attacked him with their hands. 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 based on the confession of co-accused, the petitioner was falsely implicated in this case. 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 18.08.2025. Hence, he seeks bail to the petitioner. 2/6

4. The learned Additional Public Prosecutor submitted that there is no previous case pending against the petitioner. However, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case 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 Judicial Magistrate No.II, Thoothukudi, 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 report before the respondent police daily at 10.30 a.m., and 05.30 p.m., for a period of one week and thereafter, as and when 3/6

required for interrogation.

[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 S Y J) 16.10.2025 msrm 4/6

To

1. The learned Judicial Magistrate No.II, Thoothukudi.

2. The Superintendent, District Jail, Perurani, Thoothukudi District.

3. The Inspector of Police, Central Police Station, Thoothukudi District.

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

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S.SRIMATHY,J.

msrm

ORDER

IN CRL OP(MD) No.15330 of 2025 Date : 16.10.2025 6/6