Santhosh v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.18780 of 2025 1.Santhosh 2.Sriram ... Petitioners/ A3 &A4 Vs The State of Tamilnadu, Rep by the Inspector of Police, Karimedu Police Station, Madurai City.

(Crime No.478 of 2025) ... Respondent/Complainant For Petitioners : Mr.K.M.Karunakaran For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.478 of 2025 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 08.10.2025 for the offences punishable under Sections 310(4) of BNS, in Crime No.478 of 2025 on the file of the respondent police, 1/4

seek bail.

2. The case of the prosecution is that while the defacto complainant along with their police party went to the rounds oppposite to Vaigai Thekarai Doby Kana, they heard that the petitioners and other accused persons made preparation for committing dacoity at Vaigai Thenkarai Road during late night hours. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are in judicial custody from 08.10.2025. Hence, he seeks bail to the petitioners.

4. The learned Additional Public Prosecutor submitted that the petitioners have one previous case. However, he opposed for grant of bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and the co-accused were already granted bail and also considering 2/4

the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners, subject to the following conditions:

6. Accordingly, the petitioners are ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.V, Madurai, and on further conditions that :- [a] the petitioners 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 card or bank pass book to ensure their identity;

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

[c] the petitioners shall not tamper with the evidence or witness either during investigation or trial; [d] the petitioners 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 3/4

S.SRIMATHY,J.

PJL appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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.

28.10.2025 PJL To

1. The Judicial Magistrate, Judicial Magistrate No.V, Madurai,

2. The Superintendent, Central Jail, Madurai.

3. The Inspector of Police, Karimedu Police Station, Madurai City.

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

CRL OP(MD) No.18780 of 2025 4/4