Masilamani v. State of Tamilnadu Rep by Inspector of Police, Bazaar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.07.2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Masilamani ..Petitioner/ Accused No.3

Vs The State of Tamilnadu Rep.by The Inspector of Police, Bazaar Police Station, Ramanathapuram District. (Crime No.448 of 2011) .. Respondent/Complainant

For Petitioner : Mr.C.Senthil Murugan

For Respondent : Mr.B.Thanga Aravindh

Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in S.C.No.01 of 2024, on the file of the Principal Sessions Judge, Ramanathapuram in Crime No.448 of 2011, on the file of the respondent police. ORDER : This Court made the following order :- The petitioner / Accused No3, who was arrested and remanded to judicial custody on 07.07.2025 for the offences punishable under Sections 323 of IPC r/w Section 3(1) of TNPPDL Act, in S.C.No.01 of 2024, on the file of the Principal Sessions Judge, Ramanathapuram in Crime No.448 of 2011, on the file of the respondent police, seeks bail.

¶2The learned counsel for the petitioner submitted that after the registration of the case in Crime No.448 of 2011, he was enlarged on bail. Further, the respondent police have completed the investigation and filed a charge sheet in S.C.No.23 of 2021 before the Principal Sessions Judge, Ramanathapuram and the summon was issued. Further, the petitioner is not aware of the summons because he was in abroad. He further submitted that due to non-appearance of the petitioner, the trial Court has issued NBW against the petitioner and the case was split up in S.C.No.01 of 2024 and consequently proclamation notice was issued against the petitioner on

06.06.2025 and the petitioner surrendered before the Principal Sessions Judge, Ramanathapuram on 07.07.2025. He further submitted that the petitioner is ready to surrender his passport and contest the case and also filed a memo. He further submitted that the petitioner undertakes that he will not leave the country without the permission of the Court. He further submitted that the petitioner undertakes that he will not abscond and he will regularly appear before the Trial Court on hearing dates without fail. He further submitted that the petitioner is in judicial custody from 07.07.2025. Hence, he seeks bail.

¶3The learned Government Advocate (Criminal Side) submitted that the petitioner failed to appear before the trial Court, due to which the trial Court had issued Non Bailable Warrant to the petitioner. The petitioner voluntarily surrendered before the concerned Court on 07.07.2025 He further submitted that the charge sheet has also been filed and there is no previous case pending against the petitioner. However, he objected to grant bail to the petitioner.

¶4Taking into consideration of the facts and circumstances of the case and also taking note of the fact that the petitioner has voluntarily surrendered before the concerned Court on 07.07.2025 and also the learned counsel for the petitioner filed a memo stating that the petitioner is ready to surrender his passport before the concerned Court and also considering the nature of offence committed by the petitioner, considering the undertaking given by the learned Counsel for the petitioner, there is no previous case against the petitioner, this court is inclined to grant bail to the petitioner, subject to the following conditions:

¶5Accordingly, 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 the learned Judicial Magistrate No.1, Ramanathapuram, 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.1, Ramanathapuram. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.1, Ramanathapuram;

[c] the petitioner shall appear and sign before the respondent police daily at 10.30 a.m., until further orders except the Court hearings. Further, the petitioner is directed to surrender his passport before the learned Judicial Magistrate No.1, Ramanathapuram and appear before the trial Court on all hearing dates. [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/- 17/07/2025

/ TRUE COPY /

18/07/2025

Sub-Assistant Registrar

Madurai Bench of Madras High Court,

Madurai - 625 023. msrm To

¶1The Principal Sessions Judge, Ramanathapuram

¶2The Judicial Magistrate No.1, Ramanathapuram,

3.The chief Judicial Magistrate, Ramanathapuram.

¶4The Officer Incharge, Sub Jail, Ramanathapuram.

¶5The Inspector of Police, Bazaar Police Station, Ramanathapuram District.

¶6The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER IN CRL OP(MD) No.12046 of 2025 Date :17/07/2025

PR/18.07 .2025 7P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023