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Madras High CourtCRL OP(MD)/18940/2025granted

Kumara v. The State Of Tamilnadu Rep.By

2025-10-30Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.18940 of 2025 Kumara ... Petitioner Vs The State of Tamilnadu, Rep by the Inspector of Police, Sattur Town Police Station, Virudhunagar District.

(Crime No.274 of 2025) ... Respondent/Complainant For Petitioner : Mr.C.Kannan For Respondent : Mr.S.S.Manoj Government Advocate(Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.274 of 2025 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody 1/4

on 07.09.2025 for the offences punishable under Section 303(2) of BNS Act, 2023, in Crime No. 274 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 19.08.2025, the defacto complainant kept Rs.6,47,000/- in his two wheeler and went to fruit shop, at that time, the petitioner and other accused had stolen the said amount from his two wheeler. 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 07.09.2025. Hence, he seeks bail to the petitioner.

4. The learned Government Advocate(Crl. side) submitted that the petitioner has three previous cases. However, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and though the petitioner is having three previous cases, considering 2/4

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) each with two sureties, who should be blood relatives, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Sattur, Virudhungar District, 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 card or bank pass book to ensure their identity.

[b] the petitioner shall report before the respondent police daily twice at 10.30 a.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 3/4

S.SRIMATHY,J.

PJL 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.

30.10.2025 PJL To

1. The Judicial Magistrate No.II, Sattur, Virudhungar District.

2. The Superintendent, District Prision, Virudhunagar.

3. The Inspector of Police, Sattur Town Police Station, Virudhunagar District.

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

CRL OP(MD) No.18940 of 2025 4/4