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Madras High CourtCRL OP(MD)/21923/2025granted

Alagunathi v. State Of Tamilnadu Rep By Inspector Of Police, Thevaram

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

CRL OP(MD) NO. 21923 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. 21923 of 2025 Alagunathi Petitioner(s) Vs State Of Tamilnadu Rep By Inspector Of Police, Thevaram Police Station, Theni District Crime No.297/2025 Respondent(s) For Petitioner(s):

Mr.A.Arputharaj For Respondent(s):

Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor Prayer: C-33B.For Bail in Crime No.297/2025 on the file of the respondent police

ORDER

The petitioner/Accused No.4, who was arrested and remanded to judicial custody on 13.11.2025 for the offences punishable under Section 189(4) of BNS and Section 25(1)(a) of Arms Act, in Crime No.297 of 2025, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was in 1/4

possession of deadly weapon with an intention to pick up a quarrel. Hence, this case.

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 13.11.2025. Therefore, he prays for grant of bail.

4. The learned Additional Public Prosecutor appearing for the respondent police submitted that one previous case is pending against the petitioner.

5. Considering the fact that though one previous case is pending against the petitioner 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 2/4

Judicial Magistrate Court, Bodinayakkanur, Theni 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 respondent police daily at 10.30 a.m., for two weeks and thereafter as and when required for interrogation.

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 petitioner in accordance with law as if the conditions have been imposed 3/4

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 Judicial Magistrate Court, Bodinayakkanur, Theni District.

2. The Inspector Of Police, Thevaram Police Station, Theni District

3. The Superintendent, District Prison, Theni.

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

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