B. Pugalenthi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY B. Pugalenthi, S/o.Boominathan, ... Petitioner/Accused Vs The State of Tamil Nadu, Re by the Inspector of Police, Mattuthavani Police Station, Madurai District.

Crime No.708/2025..

... Respondent/Complainant For Petitioner : M/s.Subha Rani P, For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.708/2025 on the file of the respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 23.11.2025 for the offences punishable under Sections 303 (2) and 317(2) of BNS, in Crime No.708 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner, along with other accused persons stole the defacto complainant's motorcycle and sold the same to another person. 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 willing to abide by any stringent conditions that may be imposed by this Court. He further submitted that the petitioner is in judicial custody from 23.11.2025. Hence, he seeks bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submitted that four previous cases are pending against the petitioner. Hence, he opposed for grant of bail to the petitioner.

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5. Considering the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, with other 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 Court No.6, Madurai, 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 is directed to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the credit of Crime No.708 of 2025 before the learned Judicial Magistrate Court No.6, Madurai. On such deposit, the learned Judicial Magistrate Court No.6, Madurai, shall accept the sureties furnished by the petitioner. After receipt of entire amount, the learned Judicial Magistrate 3/6

No.6, Madurai, shall deposit the said amount in an interest bearing Fixed Deposit in any nationalized Bank initially for a period of one year and renew them periodically until the final order/Judgment is passed in the case in Crime No.708 of 2025. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment.

[c] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders. [d] the petitioner shall not tamper with the evidence or witness either during investigation or trial. [e] the petitioner shall not abscond either during investigation or trial.

[f] 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 is released on bail by the learned Magistrate/Trial Court himself as laid down by the 4/6

Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

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

(S S Y J) 07.01.2026 TTA TO

1. The Judicial Magistrate No.6, Madurai.

2. The Superintendent, Dindigul Prison.

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

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

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S.SRIMATHY,J TTA

ORDER

IN CRL OP(MD) No.23653 of 2025 Date : 07/01/2026 6/6