Sanjay Prabhu v. The State Of Tamil Nadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.17312 of 2025 Sanjay Prabhu ... Petitioner/Accused No.1 Vs The State of Tamilnadu, Rep by the Inspector of Police, Nesamony Nagar Police Station, Nagercoil, Kanniyakumar District.

(Crime No.191 of 2024) ... Respondent/Complainant For Petitioner : Mr.N.Pragalathan For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.191 of 2024 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 13.10.2024 for the offences punishable under Sections 296(b), 115(2), 118(1), 109(1), 351(3) of BNS, in Crime No.191 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that, on 27.09.2024 at about 8.30 p.m., when the defacto complainant was standing in front of a tea shop at Ramanputhoor, the petitioner demanded a sum of Rs.2,000/- for consuming alcohol. When the defacto complainant refused to give the money, the petitioner attacked him with an aruval, and A2 assaulted him with his leg, causing injuries. Further, on 13.10.2025 at about 10.30 a.m., when the defacto complainant was waiting for a bus at the Kalungu Bus Stop, A2 attempted to attack him with an aruval. 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 in judicial custody from 13.10.2024. Hence, he seeks bail to the 2/6

petitioner.

4. The learned Additional Public Prosecutor submitted that there seven previous cases pending against the petitioner. Therefore, 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 Additional District and Sessions Court (Fast Track Court), Kanniyakumar District at Nagercoil, and on further conditions that :- [a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar 3/6

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 5.30 p.m., until further orders.

[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial. [d] the petitioner shall not abscond 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 is 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) 10.10.2025 jbr 4/6

To

1. The Additional District and Sessions Court (Fast Track Court), Kanniyakumar District at Nagercoil,

2. The Superintendent, District Jail, Nagercoil, Kanniyakumari District.

3. The Inspector of Police, Nesamony Nagar Police Station, Nagercoil, Kanniyakumar District.

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

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S.SRIMATHY,J.

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ORDER

IN CRL OP(MD) No.17312 of 2025 Date : 10.10.2025 6/6