Nagarajan @ Nagu v. The State of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Nagarajan @ Nagu, S/o.Shanmugavel,

..Petitioner/ Accused

Vs The State of Tamilnadu rep.by The Inspector of Police, Koppampatti Police Station, Thoothukudi District. (Crime No.33 of 2024) .. Respondent/Complainant For Petitioner : M/s.M.Prabu 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.33 of 2024 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused No.3, who was arrested and remanded to judicial custody on 14.08.2024 for the offences punishable under Section 9(n) r/w.147, 435, 447, 148 of IPC and Section 3 of TNPPDL Act in Crime No.33 of 2024 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that due to previous enmity, on 23.04.2024, the petitioner along with other accused had unlawfully assembled with petrol bombs and aruval and pelted the petrol bomb in the door, vehicle and set fire to the defacto-complainant's brother's garden and cut down 50 coconut trees and they also damaged the goat shed. Hence, the case.

¶3The learned counsel for the petitioner would submit that there are totally 19 accused persons, this petitioner was arrayed as third 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 14.08.2024 nearly 11 months. Hence, he seeks bail.

¶4The learned Government Advocate (Criminal Side) would submit that there was some previous motive with regard to collection of PDS Rice from the village individuals and sold to the wholesale dealers. One Chinna Jamin and Left Karthi also indulged in the same business and sold the same to other competitors. In the year 2024, first accused Paambu Karthick marriage was solemnized, at that time, the accused persons conspired together and planned to murder the rival parties, who were causing disturbance for their PDS rice business. For the said motive, the accused persons unlawfully assembled with petrol bombs and aruval and pelted the petrol bomb in the door, vehicle and set fire to the defacto-complainant's brother's garden and cut down 50 coconut trees. In this case, all the other accused persons were arrested and subsequently released on bail. This petitioner is having seven previous cases. Already, this petitioner was detained under TamilNadu Act 14 of 1982 and subsequently the detention order was revoked by this Court in HCP.(MD). No.1231 of 2024 dated 23.02.2025. In this case investigation completed, charge sheet has also been filed and the same was taken on file in SC.No.164 of 2025 on the file of learned I Additional District and Sessions Judge, Thoothukudi. 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, investigation completed, charge sheet has also been filed and the same was taken on file in S.C.No.164 of 2025 on the file of learned I Additional District and Sessions Judge, Thootukudi, other co-accused were already released on bail, the petitioner/accused No.3 remanded into judicial custody on 14.08.2024, 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 I Additional District and Sessions Judge, Thoothukudi 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 I Additional District and Sessions Judge, Thoothukudi . If the petitioner changes his residential address, he shall report the same to the learned I Additional District and Sessions Judge, Thoothukudi ; [c] the petitioner shall appear and sign before the respondent police daily i.e., at 05.00p.m.except on hearing dates, until further orders; and also the petitioner shall appear before the concerned Trial Court on hearing dates. [d] the petitioner shall not abscond either during 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.11688eofe2025 [g]oIfotheoaccusedothereafteroabsconds,oaofreshoFIRocanobeoregisteredounder Sectiono269oBNS. oooooooooooooooooooooooooooooooooooooooosd/- oooooooooooooooooooooooooooooooooooooooo16/07/2025 ooooooooooooooo ooo oooo ooooooooooo/oTRUEoCOPYo/ ooooooooooooooooooooooooooooooooooooooo o o17/07/2025 ooooooooooooooooooooooooooo oooooooo ooSub-AssistantoRegistraro ooooooooooooo oooooooooooooooooooooooMaduraioBenchoofoMadrasoHighoCourt, ooooooooooooooooooooooooooooooooooooo oo oooooooMaduraio-o625o023.ooo GVN TO

1.oTHEoIoADDITIONALoDISTRICToANDoSESSIONSoJUDGE,o oooTHOOTHUKUDI.o

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3.oTHEoINSPECTORoOFoPOLICE, oooKOPPAMPATTIoPOLICEoSTATION,o oooTHOOTHUKUDIoDISTRICT.o

4.oTHEoADDITIONALoPUBLICoPROSECUTOR, oooMADURAIoBENCHoOFoMADRASoHIGHoCOURT, oooMADURAI.ooooo ORDER IN CRL OP(MD) No.11688 of 2025 Date :16/07/2025

PR/17.07 .2025 7P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023