Arivazhagan v. State Of Tamilnadu Rep By Inspector Of Police, Thanjavur Tmch Police Station,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Dated : 28.11.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.19773 of 2025 1.Arivazhagan 2.Vinothkumar ... Petitioners 1 & 2 Vs.

State of Tamil Nadu, Represented by the Inspector of Police, Thanjavur TMCH Police Station, Thanjavur District.

(Crime No.480 of 2025) ... Respondent For Petitioner : Mr.O.S.Thilak Pasumbadayar For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS, 2023. PRAYER :- For Bail in Cr.No.480 of 2025 on the file of the respondent police. ORDER: The Court made the following order :- The petitioners/Accused Nos.1 & 2, who were arrested and remanded to judicial custody on 21.10.2025 for the offences punishable under Sections 296(b), 308(5), 351(3) of BNS r/w 25(1B)(b) of Arms Act, 1959 in Crime No. 1/5

480 of 2025, on the file of the respondent police, seek bail. 2.The case of the prosecution is that on 21.10.2025 at about 11.30 p.m., the petitioners threatened the defacto complainant and demanded money by using with aruval and the petitioners had stolen a sum of Rs.500/- from the defacto complainant's shirt pocket. Hence, this case.

3. The learned counsel for the petitioner submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. However, he has been arrested and he is languishing in jail from 21.10.2025. Therefore, they pray for grant of bail.

4. The learned Additional Public Prosecutor appearing for the respondent police submitted that charge sheet is filed. Further, the petitioners have ten previous cases against them.

5.Considering the facts and circumstances and considering the period of incarceration, this Court is inclined to grant bail to the petitioners on certain conditions.

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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) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Thanjavur, and on further conditions that, a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; b)the petitioners shall report before Dean of Government Hospital, Thanjavur and do social service for a period of one week. Thereafter, the petitioners shall report before the Trial Court daily at 10.30 AM until further orders;

c)the petitioners shall not tamper with evidence or witness; d)the petitioners shall not abscond during trial; e)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the 3/5

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 of BNS.

28.11.2025 TMG TO 1.The Judicial Magistrate No.II, Thanjavur.

2. The Sub-Jail, Thanjavur.

3.The Inspector of Police, Thanjavur TMCH Police Station, Thanjavur District.

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

5. Dean of Government Hospital, Thanjavur.

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S.SRIMATHY,J TMG

ORDER

IN CRL OP(MD) No.19773 of 2025 Date : 28.11.2025 5/5