Chettan v. The State Of Tamilnadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/09/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Chettan ... Petitioner/Accused Vs The State of Tamil Nadu, Rep By,The Inspector of Police, Karaikudi North Police Station, Sivagangai District.
(Crime No.292 of 2025) ... Respondent/Complainant For Petitioner : Mr.C.Senthil Murugan 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.292 of 2025 on the file of the respondent police.
1/6
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(6) of BNS, 2023 @ Under Section 61(2), 311 of BNS 2023 @ under Section 61(2), 310(2), 319(2), 140(1) of BNS 2023, in Crime No.292 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, have restrained the defacto complainant and wrongfully seized 1.700 kgs of gold belonging to the defacto complainant. 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 co-accused had already been granted bail by this Court in Crl.OP(MD).No.15347 of 2025 dated 22.09.2025 and 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 2/6
be imposed by this Court and he is in judicial custody from 18.08.2025. Hence, he seeks bail to the petitioner.
4. The learned Additional Public Prosecutor submitted that 1.346 kgs of gold have been recovered and 354 grams of gold yet to be recovered. He further submitted that the investigation is still pending and there is no previous case pending against the petitioner. However, he opposed the grant of bail to the petitioner.
5. Taking into consideration the facts and circumstances of the case, and also the fact that a substantial portion of the property has been recovered 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 blood sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Karaikudi, and on further conditions that :- 3/6
[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., 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].
4/6
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
(S S Y J) 25.09.2025 msrm To
1. The learned Judicial Magistrate, Karaikudi.
2. The Superintendent, District Prison, Sivagangai.
3. The Inspector of Police, Karaikudi North Police Station, Sivagangai District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5/6
S.SRIMATHY,J.
msrm
ORDER
IN CRL OP(MD) No.16269 of 2025 Date : 25.09.2025 6/6