Prabakaran v. State of Tamilnadu Rep by Inspector of Police, Sivagangai Town

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/07/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Prabakaran, (Age 31) S/o.Murugan ..Petitioner/ Accused No.5 Vs State of Tamil Nadu Rep by the Inspector of Police, Sivagangai Town Police Station, Sivagangai District. (Crime No.345 of 2025) ... Respondent/Complainant For Petitioner : Mr.N.Jeyaram Sidharth Advocate. For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.345 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused No.5, who was arrested and remanded to judicial custody on 07.06.2025 for the offences punishable under Sections 329(4), 296(b), 115

(2), 118(1), 109, 351(3) of BNS Act and 4 of TNPWH Act, in Crime No.345 of 2025 on the file of the respondent police, seeks bail,

¶2The case of the prosecution is that the petitioner along with other accused persons have criminally trespassed into the house of the defacto complainant and abused him and his family members with filthy language and assaulted them by using knife with an intention to murder and threatened them with dire consequences. Hence, the complaint.

¶3The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in custody from

07.06.2025. Hence, he seeks bail.

¶4The learned Government Advocate (Criminal Side)submitted that the investigation is almost completed and the injured person has been discharged from the hospital. He further submitted that there are two previous cases pending against the petitioner. However, he objected for grant of bail to the petitioner.

¶5Taking into consideration of the facts and circumstances of the case and also the fact that the investigation has been almost completed and the injured person has been discharged from the hospital and also consideration of the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

¶6Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate No.I, Sivagangai, 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 furnish his residential address and mobile number to the Judicial Magistrate No.I, Sivagangai.

(c)If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate No.I, Sivagangai.

[d] the petitioner shall report before the Inspector of Police, Sivagangai Taluk Police Station, Sivagangai, daily at 10.30 a.m., until further orders. [e] the petitioner shall not abscond either during investigation or trial. [f] the petitioner shall not tamper with evidence or witness either during investigation or trial. [g] 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]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. sd/- 02/07/2025

/ TRUE COPY /

02/07/2025

Sub-Assistant Registrar ( C.S. I / II / III / IV )

Madurai Bench of Madras High Court,

Madurai - 625 023. msrm To

¶1The Judicial Magistrate No.I, Sivagangai.

¶2Do Through The Chief Judicial Magistrate, Sivagangai.

¶3The Officer In-charge, District Prison, Ramanathapuram.

¶4The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

¶5The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai.

¶6The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.10831 of 2025 Date :02/07/2025

HPS/02.07.2025 /6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023