Sanjay Tiwari v. The State of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Sanjay Tiwari, S/o.Aravind Tiwari, ..Petitioner/ Accused No.2

Vs The State of Tamilnadu rep.by The Inspector of Police, Keeraithurai Police Station, Madurai City. (Crime No.354 of 2025) .. Respondent/Complainant

For Petitioner : Mr.T.Leninkumar

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.354 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused No.2, who was arrested and remanded to judicial custody on 04.07.2025 for the offences punishable under Sections 326(g) of the BNS, 2023 in Crime No.354 of 2025 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that on 02.07.2025 at about 07.00a.m. When the defacto-complainant was in his house, at that time, three unidentified persons tied over their faces with cloth threw a petrol bomb in his house. Hence, the case.

¶3The learned counsel for the petitioner would submit that there are totally three accused, this petitioner was arrayed as Accused No.2. Based on the confession of first accused, this petitioner was arrayed as one of the accused in the said case. This 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 04.07.2025, more than 19 days. Hence, he seeks bail.

¶4The learned Government Advocate (Criminal Side) would submit that one Kumaravel has tried to develop illicit relationship with the mother of A1. Though A1 warned the said Kumaravel, he has not mended his activities. For that motive, A1 and his friends i.e., the other accused persons have came to the Kumaravel's house with petrol bomb, but mistakenly this petitioner and other accused persons were threw petrol bomb in the residence of the defacto-complainant. In this case, the Accused Nos.1 and 3 were enlarged on bail by the Juvenile Justice Board, Madurai by way of order dated 10.07.2025 in Crl.M.P.Nos.253 & 254 of 2025 respectively. At the time of occurrence, no one injured. This petitioner is having two previous cases. Hence, 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, A1 and A3 were already enlarged on bail by the Juvenile justice Board, Madurai, by this time most of the investigation might have been completed, the petitioner/accused No.2 is in judicial custody from 04.07.2025, 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.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate No.IV, Madurai 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 Judicial Magistrate No.IV, Madurai. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.IV, Madurai; [c] the petitioner shall appear and sign before the respondent police daily at

10.30a.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.12373eofe2025 [g]oIfotheoaccusedothereafteroabsconds,oaofreshoFIRocanobeoregisteredounder Sectiono269oBNS. oooooooooooooooooooooooooooooooooooooooosd/- oooooooooooooooooooooooooooooooooooooooo23/07/2025 ooooooooooooooooooooooooooooooo ooooooo oooo ooooooooooo/oTRUEoCOPYo/ ooooooooooooooooooooooooooooooooooooooo oooooooooooooo/07/2025 ooooooooooooooooooooooooooo ooooooooo ooooooooSub-AssistantoRegistraro oooooo(ooC.S.oIoo/ooIIoo/ooIIIo/ooIVoo) ooooooooooooo ooooooooooooooooooooooooooMaduraioBenchoofoMadrasoHighoCourt, ooooooooooooooooooooooooooooooooooooo oooooooooooMaduraio-o625o023.oo gvn TO 1oooTHEoJUDICIALoMAGISTRATEoNO.oIV,oMADURAI. 2oooDOoTHROUGHoTHEoCHIEFoJUDICIALoMAGISTRATE,oMADURAI. 3oooTHEoOFFICERoINCHARGE, DISTRICToPRISON,oVIRUDHUNAGAR. 4oooTHEoINSPECTORoOFoPOLICE, KEERAITHURAIoPOLICEoSTATION, oMADURAIoCITY. 5oooTHEooADDITIONALoPUBLICoPROSECUTOR, MADURAIoBENCHoOFoMADRASoHIGHoCOURT,o MADURAI.o ORDER IN CRL OP(MD) No.12373 of 2025 Date :23/07/2025

AS/23.07.2025/6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.