Thavam v. State Of Tamilnadu Rep By Inspector Of Police, Kottampatti

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14.11.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Thavam ... Petitioner/Accused Vs The State of Tamil Nadu, Rep By,The Inspector of Police, Kottampatti Police Station, Madurai District.

(Crime No.274 of 2025) ... Respondent/Complainant For Petitioner : Mr.V.Dinesh Kumar 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.274 of 2025 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 21.10.2025 for the offences punishable under Sections 25(1A) of Arms Act, 296(b), 191(2), 191(3), and 351(3) of BNS Act, in Crime No. 274 of 2025 on the file of the respondent police. seeks bail.

2. The case of the prosecution is that there was a previous enmity between the 1st accused and the defacto complainant, as a result of which, the petitioner along with other accused persons had abused the defacto complainant in filthy language by showing sword and threatened him with dire consequences. 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 ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 21.10.2025. Hence, he seeks bail to the petitioner.

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4. The learned Additional Public Prosecutor submitted that there are three previous cases pending against the petitioner and no one was sustained injuries. Hence, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the fact that no one was sustained injuries 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 Judicial Magistrate, Melur, and on further conditions that :- [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 3/6

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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(S S Y J) 14.11.2025 msrm 4/6

To

1. The Judicial Magistrate, Melur.

2. The Superintendent, Central Prison, Madurai.

3. The Inspector of Police, Kottampatti Police Station, Madurai District.

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

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S.SRIMATHY,J.

msrm

ORDER

IN CRL OP(MD) No.20203 of 2025 Date : 14.11.2025 6/6