Nataraj @ Rasu v. The State of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Nataraj @ Rasu, S/o.Sangupandi,

..Petitioner/ Accused

Vs The State of Tamilnadu rep.by The Inspector of Police, Tirunelveli Junction Police Station, Tirunelveli City. (Crime No.267 of 2025) .. Respondent/Complainant

For Petitioner : Mr.M.Babar Mirija

Advocate.

For Respondent : Mr.M.Karunanithi

Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.267 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 11.07.2025 for the offences punishable under Sections 126(2), 296(b), 115(2), 118

(1), 311 of BNS Act in Crime No.267 of 2025 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the defacto-complainant is a Pastor in Church of Kottaram, Kanyakumari District. On 09.07.2025, he was travelled to his relative house and return to the Tirunelveli. While travelling, the defacto-complainant went out from car for his natural call. At that time, the accused persons arrived that place and using filthy language towards the Defacto-complainant and forcibly obtain the mobile phone, watch and ATM Card and withdraw the amount of Rs.1,00,000/- and kidnapped him to the isolated place. The police officials unexpectedly reached the place, the accused persons flew away from the place. Hence, the case.

¶3The learned counsel for the petitioner would submit that there are totally nine accused persons. This petitioner was arrayed as Accused No.2. 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 11.07.2025, more than 14 days. Hence, he seeks bail.

¶4The learned Government Advocate (Criminal Side) would submit that this petitioner and other accused persons attacked, kidnapped the defacto-complainant and robbed his mobile phone ATM Card and withdraw the amount of Rs.1,00,000/-. In this case, A1 to A3 were arrested, A4 to A9 were absconded. The defacto-complainant sustained simple injury and he was admitted in hospital and after two days he was discharged from the hospital. The robbery amount was recovered by the respondent police. There is no previous case against the 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 the robbery amount was recovered by the respondent police, injured person was discharged from hospital, there is no previous case against this petitioner, the petitioner/accused is in judicial custody from 11.07.2025, 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 Court No.IV, Tirunelveli 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, Tirunelveli. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.IV, Tirunelveli. [c] the petitioner shall appear and sign before the respondent police daily twice at 10.00 a.m. and 05.00p.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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/-

25/07/2025

/ TRUE COPY /

25/07/2025

Sub-Assistant Registrar ( )

Madurai Bench of Madras High Court,

Madurai - 625 023. gvn TO

¶1The Judicial Magistrate No.IV, Tirunelveli.

2.Do Through The Chief Judicial Magistrate, Tirunelveli.

¶3The Superintendent, Central Prison, Palayamkottai.

¶4The Inspector of Police, Tirunelveli Junction Police Station, Tirunelveli city.

¶5The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.M.BABAR MIRIJA, Advocate ( SR-8017[I] dated 25/07/2025 ) ORDER IN CRL OP(MD) No.12596 of 2025 Date :25/07/2025 SBN/25.07.2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023