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Madras High CourtCRL OP(MD)/21849/2025granted

Subramaniyan @ Subramani v. State Of Tamilnadu Rep By Inspector Of Police, Pettaivaithalai

2025-11-28Honourable Mrs Justice S.Srimathy4 pages

CRL OP(MD) NO. 21849 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28-11-2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 21849 of 2025 Subramaniyan @ Subramani Petitioner(s) Vs State Of Tamilnadu Rep By Inspector Of Police, Pettaivaithalai Pettavaithalai Police Station, Trichy District.

(Crime No.88 of 2024) Respondent(s) For Petitioner(s): S.Sathyachidambaram For Respondent(s): Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor Prayer: For Bail in Crime No.88/2024 on the file of the respondent police

ORDER

The petitioner/Accused No.7, who was arrested and remanded to judicial custody on 03.04.2025 for the offences punishable under Sections 305(a) of BNS altered into Sections 109(1), 296(b), 305(a) and 351(3) of BNS @ 310(2), 311, 61(2)(b) of BNS 2023 (Correspondingly 380 of IPC @ 307, 294(b), 380 and 506(ii) of IPC @ 395, 397, 120(b) of IPC), in Crime No.88 OF 2024, on the file of the respondent police, 1/4

seeks bail.

2. The case of the prosecution is that the petitioner is A-4 and the defacto complainant is a whole sale vegetable vendor and the accused persons have uploaded the vegetables and collected Rs.50,67,200/-from the shopkeepers in Kumbakonam market and one accused person took the cash box from the lorry and escaped from the place in a car along with three other accused persons.

3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he has been arrested and he is languishing in jail from 03.04.2025. Therefore, he prays for grant of bail.

4. The learned Additional Public Prosecutor appearing for the respondent police submitted that half of the amount was recovered and the respondent police has completed investigation and filed charge sheet. He further submitted that co accused were already granted bail.

5. Considering the fact that the charge sheet has been filed, that 2/4

half of the amount has already been recovered, and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner on certain 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 District Munsif cum Judicial Magistrate Court, Srirangam, Trichy District, 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 petitioner shall report before the trial Court daily at 10.30 a.m., until further orders.

c)the petitioner shall not tamper with evidence or witness; d)the petitioner 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 3/4

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 KSA To

1. The District Munsif cum Judicial Magistrate Court, Srirangam, Trichy District,

2. The Inspector Of Police, Pettavaithalai Police Station, Trichy District.

3. The Superintendent, Central Prison, Trichy, Trichy District.

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