Ganapathy v. The State of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Ganapathy, S/o.Kumar,

...Petitioner/ Accused No.1

Vs The State of Tamilnadu rep.by The Inspector of Police, Thirumayam Police Station, Pudukottai District. (Crime No.87 of 2025) .. Respondent/Complainant For Petitioner : Mr.E.Balasubramanian 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.87 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused No.1, who was arrested and remanded to judicial custody on 16.06.2025 for the offences punishable under Sections 20 and 25(1A) of Arms Act, 1959 in Crime No.87 of 2025 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that on 16.06.2025 at about 07.00a.m. While the respondent police on patrolling duty, at that time, one two wheeler bearing registration No. TN 55 BP 6636 driven by the Accused No.2, along with other accused having an iron sword in hand and intimidating the general public and the respondent police intercepted and enquired about the same and seized the iron sword and two wheeler. Hence, the case.

¶3The learned counsel for the petitioner would submit that there are totally two accused persons were involved in this case, this petitioner was arrayed as first accused. The petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 16.06.2025 nearly 23 days. Hence, he seeks bail.

¶4The learned Government Advocate (Criminal Side) would submit that at the time patrolling duty the respondent police intercepted the accused persons and found that the accused persons were in illegal possession of iron sword by using the same they threatened the general public. In this case, the iron sword and the two wheeler were seized by the respondent police. In this case, investigation completed, charge sheet has been filed and the same was taken on file in PRC.No.6 of 2025, on the file Judicial Magistrate, Thirumayam. The accused No.2 was already enlarged on bail by this Court. There is no previous case against this petitioner. However, he objected to grant bail to the petitioner.

¶5Taking into consideration of the facts and circumstances of the case and also taking note of the fact that in this case, the entire properties were recovered by the respondent police, there is no previous case against this petitioner, investigation was completed and the charge sheet has also been filed and the same was taken on file in PRC.No.6 of 2025, on the file Judicial Magistrate, Thirumayam, the Accused No.2 has already been enlarged on bail, the petitioner/accused No.1 is in judicial custody from 16.06.2025, taking into consideration of the period of incarceration, 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 learned District Munsif cum Judicial Magistrate, Thirumayam, Pudukottai District 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 contact number to the learned District Munsif cum Judicial Magistrate, Thirumayam, Pudukottai District. If the petitioner changes his residential address, he shall report the same to the learned District Munsif cum Judicial Magistrate, Thirumayam, Pudukottai District; [c] the petitioner shall appear and sign before the respondent police daily at

10.30 a.m., until further orders. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness 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 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]. CRLeOP(MD).No.11606eofe2025 [g]oIfotheoaccusedothereafteroabsconds,oaofreshoFIRocanobeoregisteredounder Sectiono269oBNS. oooooooooooooooooooooooooooooooooooooooosd/- oooooooooooooooooooooooooooooooooooooooo09/07/2025 o o/oTRUEoCOPYo/ ooooooooooooooooooooooooooooooooooooooo oooooooo09/07/2025 ooooooooooooooooooooooooooo ooooooooo ooooooooSub-AssistantoRegistraro oooooo(ooC.S.oIoo/ooIIoo/ooIIIo/ooIVoo) ooooooooooooo ooooooooooooooooooooooooooMaduraioBenchoofoMadrasoHighoCourt, ooooooooooooooooooooooooooooooooooooo oooooooooooMaduraio-o625o023. GVN TO 1oooTHEoDISTRICToMUNSIFoCUMoJUDICIALoMAGISTRATE, THIRUMAYAM. 2oooTHEoCHIEFoJUDICIALoMAGISTRATE, PUDUKOTTAIoDISTRICT. 3ooTHEoOFFICERoINCHARGE,o SUBoJAIL, THIRUMAYAM. 4oooTHEoINSPECTORoOFoPOLICE, THIRUMAYAMoPOLICEoSTATION,o PUDUKOTTAIoDISTRICT. 5oooTHEoADDITIONALoPUBLICoPROSECUTOR, MADURAIoBENCHoOFoMADRASoHIGHoCOURT, MADURAI. ORDER IN CRL OP(MD) No.11606 of 2025 Date :09/07/2025 NM/09.07.2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023