Muthukaruppaiah v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Muthukaruppaiah, ... Petitioner/Accused No.4 Vs The State of Tamilnadu, Rep by the Inspector of Police, Thiruchuli Police Station, Virudhunagar District.
Crime No.427/2024..
... Respondent/Complainant For Petitioner : Mr.B.Muneeswaran, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITIONS FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime no.427 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner / A4, who was arrested and remanded to judicial custody on 11.12.2024 for the offences under Sections 329(3) of BNS, 2023 r/w. Section 3(1) of 1/4
TNPPDL Act in Crime No.427 of 2024 on the file of the respondent Police, seeks bail.
2. The case of the prosecution is that the accused persons trespassed into the property of the defacto complainant and damaged 10 solar panels and 8 CCTV cameras and caused loss to the tune of Rs.2,20,000/-. There are totally four accused persons in this case and the petitioner has been arrayed as Accused No.4.
3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent Police.
4. Taking into consideration the facts and circumstances of the case and considering the manner in which this incident had taken place and taking note of the fact that this petitioner has suffered incarceration from 11.12.2024 and also considering the fact that there are no previous cases against the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions.
5. 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 Judicial Magistrate, Thiruchuli 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.
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[b] the petitioner shall report before the respondent Police every Friday at 10.30 a.m for a period of four weeks and thereafter, as and when required for interrogation. [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/- 07/01/2025 / TRUE COPY / 07 / 01 /2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO 1 THE JUDICIAL MAGISTRATE THIRUCHULI.
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2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE OFFICER INCHARGE SUB JAIL, ARUPPUKOTTAI.
4 THE INSPECTOR OF POLICE, THIRUCHULI POLICE STATION, VIRUDHUNAGAR DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.B.MUNEESWARAN, Advocate ( SR-136[I] dated 07/01/2025 )
ORDER
IN CRL OP(MD) No.128 of 2025 Date :07/01/2025 PSP/ /SAR /07.01.2025/ 4P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4