Ranjithkumar v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Ranjithkumar ... Petitioner/Accused No.1 Vs The Inspector of Police, Kumbakonam West Police Station, Thanjavur District.
Crime No. 146/2021 ... Respondent/Complainant For Petitioner :
Mr.E.Mareeskumar, Advocate.
For Respondent :
Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioner herein on bail in connection with the case in S.C.No.125/2024 before the Learned Additional District and Sessions Judge, (FTC) Kumbakonam in Crime No. 146/2021 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused No.1, who was arrested and remanded to judicial custody on 23.09.2024 and is facing trial for offences under Sections 394, 294(b) and 302 of IPC in S.C.No.125/2024 before the learned Additional District and Sessions 1/5
Judge, (FTC) Kumbakonam in connection with Crime No.146 of 2021 on the file of the respondent Police, seeks bail.
2. The petitioner was facing trial before the learned Additional District and Sessions Judge, (FTC) Kumbakonam in S.C.No.125/2024. The petitioner did not appear during the date of hearing on 10.09.2024. Hence, non bailable warrant was issued against the petitioner. The case of the petitioner is that he surrendered before the Court on 23.09.2024 and he was remanded to judicial custody. The case of the prosecution is that the Police secured the petitioner and he was produced before the Court and thereafter, he was remanded to judicial custody. There are totally four accused persons in this case and the petitioner has been arrayed as Accused No.1.
3. The learned Additional Public Prosecutor appearing for the respondent Police submitted that the charges are yet to be framed in this case and because of the attitude of the accused persons, there is a delay. He further submitted that during the last hearing, Accused No.2 was not present before the Court and therefore, the charges were not able to be framed and the case is now posted on 07.02.2025 for framing of charges. The learned Additional Public Prosecutor further brought to the notice of this Court that the trial Judge has made it clear that if the accused persons do not appear on that day, the bail granted to them will be cancelled and they will be confined to judicial custody and the case will be conducted. He further submitted 2/5
that there are six previous cases against the petitioner and out of the same, three cases are pending.
4. The learned counsel appearing for the petitioner submitted that the petitioner undertakes to appear before the trial Court during every date of hearing without fail. He further submitted that the petitioner has suffered incarceration in this case from 23.09.2024 onwards.
5. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioner has suffered incarceration from 23.09.2024 and taking note of the warning given by the trial Court to the accused persons to appear before the Court on the date of framing of charges and also considering the previous cases pending against the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:
6. Accordingly, the criminal original petition is ordered and 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 the learned Additional District and Sessions Judge, (FTC), Kumbakonam 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 3/5
Book to ensure their identity.
[b] the petitioner shall report before the learned Additional District and Sessions Judge, (FTC), Kumbakonam daily at 10.30 a.m. apart from the hearing dates until further orders.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner shall not abscond either during investigation or trial. [e] 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 28/01/2025 / TRUE COPY / 28/01/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG 4/5
TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE (FTC), KUMBAKONAM. 2 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 3 THE INSPECTOR OF POLICE, KUMBAKONAM WEST POLICE STATION, THANJAVUR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.E.MAREES KUMAR, Advocate ( SR-983[I] dated 28/01/2025 )
ORDER
IN CRL OP(MD) No.189 of 2025 Date :28/01/2025 RS/IT/SAR-(28.01.2025) 5P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5