Vadivel Alias Vadivel Rajan v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH 1.Vadivel @ Vadivel rajan, 2.Sakthi,
...Petitioners/Accused 1 & 2
Vs The State of Tamilnadu, Represented by, The Inspector of Police, Karimedu Police Station, Madurai District.
(Crime No.469 of 2024) ... Respondent / Complainant For Petitioners : Mr.B.Arun, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS,2023. PRAYER :- For Bail in Crime No. 469 of 2024 on the file of the respondent Police. 1/5
ORDER : The Court made the following order :- The petitioners / Accused 1 & 2, who were arrested and remanded to judicial custody on 27.09.2024 for the alleged offence under Sections 309(4), 311 and 351(3) of BNS, 2023, in Crime No.469 of 2024 on the file of the respondent police, seek bail.
2. The case of the prosecution is that the accused persons threatened the defacto complainant and committed robbery of a sum of Rs.1100/- at knife point.
3. The earlier bail application filed by the petitioners in Crl.OP(MD).No.19029 of 2024 was dismissed by this Court by an order dated 05.11.2024 on the ground that detention order has been passed against them. The present bail application has been filed before this Court on the ground that the detention order has been revoked.
4. The learned Additional Public Prosecutor (Criminal Side), on instructions, submitted that there is one previous case against both the petitioners and that the investigation was completed and the police report was filed before the learned Judicial Magistrate No.V, Madurai on 22.11.2024 and the same is yet to be taken on file.
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5. Heard the learned counsel on either side and perused the material records of the case.
6. Taking into consideration the facts and circumstances of the case and considering the fact that the investigation has been completed in this case and taking note of the fact that there is one previous case against both the petitioners, this Court is inclined to grant bail to the petitioners subject to the following conditions:
7. Accordingly, the petitioners are ordered to be released on bail on their 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 No.V, Madurai, 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 petitioners shall report before the learned Judicial Magistrate No.V, Madurai on every Monday and Friday at 10.30 a.m. until further orders. 3/5
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/- 08/01/2025 / TRUE COPY / 08/01/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE JUDICIAL MAGISTRATE NO.V MADURAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.
3 THE INSPECTOR OF POLICE, KARIMEDU POLICE STATION, MADURAI DISTRICT.
4 THE OFFICER INCHARGE, DISTRICT PRISON, THENI.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.285 of 2025 Date :08/01/2025 SS/SAR- /08/01/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5