Senthilkumar v. The State of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Senthilkumar, S/o.Kamatchi,

..Petitioner/ A1

Vs The State of Tamilnadu rep.by The Inspector of Police, Southgate Police Station, Madurai City. (Crime No.192 of 2025) .. Respondent/Complainant For Petitioner : Mr.S.Murugapandi

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.192 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner /A1, who was arrested and remanded to judicial custody on

19.06.2025 for the offences punishable under Sections 192, 204, 133, 319, 351(2) of BNS in Crime No.192 of 2025 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that On 18.06.2025 at about 09.00 p.m, the petitioner went to the defacto-complianant's shop and gave a gold ornament weighing 62.100gms and asked the defacto-complainant to place hallmark stamp in the said ornament. The defacto-complainant told that the said ornament is not a pure gold and refused to lace hallmark stamp. Immediately, the petitioner contacted A2 and A3 and they immediately rushed to the spot, A2 introduced himself as retired Superintendent of Police and A3 introduced himself as Advocate and they were forced the defacto-complainant to place hallmark stamp and threatened him with dire consequences. Hence, the case.

3.The learned counsel for the petitioner would submit that 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 19.06.2025 nearly 26 days. Hence, he seeks bail.

¶4The learned Government Advocate (Criminal Side) would submit that the petitioner herein arrayed as first accused and the petitioner along with other accused persons have threatened the defacto-complainant to place hallmark stamp in the ornament which was brought by the petitioner. At the time of occurrence, no one sustained any injury. In this case, A3 was granted bail by this Court in Crl.OP

(MD) No.11275 of 2025 and the third accused also released on bail by the learned Principal Sessions Judge, Madurai, vide order, dated 09.07.2025 in Cr.M.P. No.2939 of 2025. 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 there is no previous case against the petitioner and the co-accused A2 and A3 were already released on bail and the petitioner/A1 is in judicial custody from 19.06.2025, 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.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate Court 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 Court No.IV, Madurai. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate Court No.IV, Madurai; [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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. sd/- 15/07/2025

/ TRUE COPY /

/2025

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

Madurai Bench of Madras High Court,

Madurai - 625 023. das TO

¶1The Judicial Magistrate No.IV, Madurai

¶2Do Through The Chief Judicial Magistrate, Madurai.

¶3The Officer In-charge, Sub Jail, Thirumangalam.

¶4The Inspector of Police, Southgate Police Station, Madurai City.

¶5The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.11872 of 2025 Date :15/07/2025

HPS/17.07.2025 /6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023