Vairamani v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 20.08.2024

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL CRL OP.No.20078 of 2024 Vairamani ... Petitioner / Accused Vs State rep. by:- The Inspector of Police, Voimedu Police Station, Nagapattinam District.

... Respondent [Cr. No.128 of 2024] For Petitioner : Mr.R.Sasikumar For Respondent : Mr.S.Vinoth Kumar Government Advocate [Criminal side] PETITION FOR BAIL Under Sec.483 of B.N.S.S.

PRAYER: - The Criminal Original Petition is filed under Section 483 of The Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the Petitioner on bail in Crime No. 128 of 2024 on the respondent police. 1/5

ORDER

The Petitioner, who was arrested and remanded to judicial custody on 30.07.2024 for the offences punishable under Sections 20 and 25(1)(a) of Indian Arms Act, 1959, in Crime No.128 of 2024, on the file of the respondent, seeks bail.

2.The case of the prosecution is that on 30.07.2024, when the respondent conducted routine checkup near Maruthur South - Andiyappankadu burial ground, the petitioner was found in possession of aruval in a suspicious manner. Hence, the case. 3.The learned counsel for the Petitioner would submit that the Petitioner is innocent and he has been falsely implicated in this case. He would further submit that no one was injured in this case and the petitioner is ready to abide by any condition imposed by this Court. Hence, he prays for grant of bail to the petitioner. 4.The learned Government Advocate (Crl. Side) for the respondent 2/5

would submit that the petitioner was found in possession of aruval and the petitioner is an accused in a murder case. Hence, he opposed to grant bail to the Petitioner.

5. Heard both side learned counsel and perused the materials available on record.

6. Considering the nature of offence and the fact that no one was injured in this case and taking into consideration the number of days of incarceration undergone by the accused, this Court is inclined to grant bail to the Petitioner subject to the following conditions: [a] Accordingly, the Petitioner is ordered to be released on bail on condition to execute 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 the Judicial Magistrate, Vedharanyam, and on further conditions that:

[b] the Petitioner shall report before the jurisdictional Judicial Magistrate on every Monday at 10.30 a.m., until further orders. [c] the Petitioner shall not commit any offences of similar nature. [d] the Petitioner shall not abscond either during investigation or trial.

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[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 Judicial 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 B.N.S.

20.08.2024 ata To 1.The Judicial Magistrate, Vedharanyam.

2.The Inspector of Police, Voimedu Police Station, Nagapattinam District.

3.District Prison, Nagapattinam.

4.The Public Prosecutor, High Court, Madras.

P.DHANABAL ,J 4/5

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