High Court · 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 27/03/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP (MD) No.5746 of 2025Mohammed Yusuf ... Petitioner/Accused No.3 VsThe State of Tamil Nadu,Rep. by the Inspector of Police, Paramakudi Taluk Police Station, Ramanathapuram District. Crime No. 45/2023 ... Respondent/ComplainantFor Petitioner: Mr.C.Senthil Murugan AdvocateFor Respondent: Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS, 2023.PRAYER :-To enlarge the petitioner on bail in PRC No.62 of 2023 on the file of the learnedJudicial Magistrate, Paramakudi in connection with Crime No.45 of 2023 on the file ofthe respondent-police.1/6 https://www.mhc.tn.gov.in/judis ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioner on 25.03.2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying togrant bail.2. The petitioner/Accused No.3 was arrested on the basis of Non-BailableWarrant issued against him and remanded to judicial custody on 18.03.2025. Thepetitioner is facing trial in P.R.C.No.62 of 2023 on the file of the learned JudicialMagistrate, Paramakudi for the alleged offences punishable under Sections 394 r/w.34 of IPC and Section 27(1) of Arms Act, 1959, in Crime No.45 of 2023 on the file ofthe respondent-police. Since the petitioner has not appeared before the Trial Court on27.01.2025, Non-Bail Warrant was issued against him and the same was executed on18.03.2025.3. The case of the prosecution is that on 09.03.2023, at about 10.00 p.m., thepetitioner herein and other accused persons threatened the defacto complainant, whois working in a TASMAC shop, by showing a sword and also snatched a sum ofRs.20,700/- from him. Hence the case.4. Mr.C.Senthil Murugan, learned counsel appearing for the petitioner, submitsthat the petitioner is an innocent person, that he has not committed any offence asalleged by the prosecution, and that he has been falsely implicated in this case. He2/6 https://www.mhc.tn.gov.in/judis further submits that due to the non-appearance of the petitioner before the TrialCourt on 27.01.2025, a Non-Bailable Warrant was issued against him, and the samewas executed on 18.03.2025, since which time he has been in judicial custody. Hefurther submits that the petitioner had been regularly appearing before the TrialCourt prior to 27.01.2025 and, due to his illness, he could not appear on that day. Hefurther submits that the petitioner is ready to abide by any conditions that may beimposed by this Court. He therefore prays to grant bail to the petitioner.5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Crl. side)appearing for the respondent-police, submits that there are two previous casespending against the petitioner, which are similar in nature. He further submits thatdue to the non-appearance of the petitioner, the trial has been delayed, and therefore,if the petitioner is enlarged on bail, he may abscond, thereby causing further delay inthe trial proceedings. Accordingly, he prays to dismiss this Criminal OriginalPetition.6. Heard on both sides. This Court has perused the records.7. The petitioner was arrested and remanded to judicial custody on 18.03.2025,and he has been in judicial custody since then. It is stated that due to the illness of thepetitioner, he could not appear before the Trial Court on 27.01.2025, and except forthat day, the petitioner had been regularly appearing before the Trial Court. In view3/6 https://www.mhc.tn.gov.in/judis of the same, this Court is of the opinion that one more opportunity may be granted tothe petitioner to appear before the Trial Court and cooperate with the trialproceedings, and since he has a permanent residence, there is less possibility ofabsconding. Considering the same and also considering the period of incarceration,this Court is inclined to grant bail to the petitioner, however, subject to certainconditions. Accordingly, bail is granted to the petitioner subject to the followingconditions:(i) The petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousandonly) along with two sureties each for a like sum of Rs.10,000/- (Rupees TenThousand only) to the satisfaction of the learned Judicial Magistrate, Paramakudi;(ii) The sureties shall affix their photographs and left thumb impression in theApplication for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules ofPractice, 2019']. The learned Judicial Magistrate, Paramakudi shall obtain a copy ofany one of identity proofs to ensure their identity;(iii) The petitioner shall furnish his residential address and mobile number tothe learned Judicial Magistrate, Paramakudi;(iv) The petitioner appear and sign before the learned Judicial Magistrate,Paramakudi, on all working days at 10.30 a.m., until further orders; (v) The petitioner shall attend in accordance with the conditions of the bond to4/6 https://www.mhc.tn.gov.in/judis be executed under Chapter XXXV of BNS, 2023;(vi) The petitioner shall not commit an offence similar to the offence of which heis accused, or suspected, of the commission of which he is suspected;(vii) The petitioner shall not directly or indirectly make any inducement, threator promise to any person acquainted with the facts of the case so as to dissuade himfrom disclosing such facts to the Court or to any police officer or tamper with theevidence; (viii) The petitioner shall not directly or indirectly cause any threat to thedefacto complainant and witnesses; and (ix) On breach of any of the aforementioned conditions, the learned JudicialMagistrate, Paramakudi is entitled to pass appropriate orders against the petitioner inaccordance with law as if the aforementioned conditions are imposed by him as laiddown by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC283].8. The submission of the learned counsel for the petitioner is that the petitioner,only along with his parents, is residing at Parthibanoor and the surety of thepetitioner's parents may be accepted. Considering the circumstances, this Courtdirects the learned Judicial Magistrate, Paramakudi to accept the surety of thepetitioner's parents.5/6 https://www.mhc.tn.gov.in/judis

9. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 27/03/2025 / TRUE COPY / 28/03/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023. TRPTO1 THE JUDICIAL MAGISTRATE, PARAMAKUDI.2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.3 THE OFFICER INCHARGE, DISTRICT PRISON, RAMANATHAPURAM.4 THE INSPECTOR OF POLICE, PARAMAKUDI TALUK POLICE STATION, RAMANATHAPURAM DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.5746 of 2025 Date :27/03/2025 NBF/SAR/ (28/03/2025) 6P/6CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/20236/6