Aswin Ram v. State of Tamilnadu Rep by Inspector of Police, Puliangudi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24.03.2026 PRESENT THE HONOURABLE MR.JUSTICE P.DHANABAL CRL OP(MD)No.5805 of 2026 Aswin Ram ... Petitioner / Accused No.1

Versus The State of Tamilnadu, Rep by the Inspector of Police, Puliyangudi Police Station, Tenkasi District. (Crime No.92 of 2026) ... Respondent / Complainant PRAYER :-Criminal Original Petition filed under Section 483 of the BNSS, 2023, to enlarge the petitioner on bail in Crime No.92 of 2026 on the file of the respondent police. For Petitioner : Mr.S.Suresh Manickam, Advocate

For Respondent : Mr.B.Nambi Selvan, Additional Public Prosecutor ORDER : The Court made the following order :- The petitioner/accused, who was arrested and remanded to judicial custody on 10.03.2026 for the offences punishable under Section 352 of the Bharatiya Nyaya Sanhita, 2023 and Section 27(2) of the Arms Act, 1959, in Crime No.92 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that, while the respondent police were monitoring the petitioner's activities on the social media platform Instagram, they noticed that the petitioner, along with some other accused persons, had posted photographs of themselves holding sickles along with a logo. Hence, the present case has been registered.

¶3The learned counsel appearing for the petitioner would submit that the petitioner is innocent and has not committed any offence as alleged by the prosecution. He would further submit that the petitioner has no previous cases. He would also submit that the petitioner was arrested and remanded to judicial custody on 10.03.2026. Hence, he seeks grant of bail for the petitioner.

¶4The learned Additional Public Prosecutor appearing for the respondent police would submit that the petitioner has been arrayed as A1. He would further submit that A2 to A6 are absconding. He would also submit that there are no previous cases against the petitioner. However, he opposed the grant of bail to the petitioner.

¶5This Court heard the learned counsel appearing on either side and perused the materials placed on record.

¶6Considering the rival submissions made by the learned counsel on either side, the nature of the offence, the fact that the petitioner has no previous cases, and the period of incarceration already undergone by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions: [a] Accordingly, the petition is allowed and 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, Sivagiri, and on further conditions that :- [b] the petitioner shall report before the Inspector of Police, Kadayanallur Police Station, Tenkasi daily at 10.00 a.m for a period of 30 days and thereafter, as and when required for interrogation; [c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected; [d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; [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 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]; and [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

24.03.2026 pal To

1.The Judicial Magistrate Court, Sivagiri.

2.The Superintendent, Central Prison, Palayamkottai.

3.The Inspector of Police, Puliyangudi Police Station, Tenkasi District.

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

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