Indrajith @ Indrajith Premnath v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Indrajith @ Indrajith Premnath, S/o Poolpandi, 32g Jothi Nagar, Alangulam, Tenkasi District..
... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep by the Inspector of Police, Alangulam Police Station, Tenkasi District.
Crime No. 472/2024.
... Respondent/Complainant For Petitioner : Mr.V.Kathirvelu, Senior Counsel for Mr.K. Prabhu, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of B.N.S.S. U/s 439 of Cr.P.C. 1/5
PRAYER :- For Bail in Crime No.472 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Sole Accused, who was arrested and remanded to judicial custody on 04.11.2024 for the offences under Sections 296(b), 109 and 351(3) of BNS, 2023 and Section 67A of the Information Technology Act in Crime No.472 of 2024 on the file of the respondent Police, seeks bail.
2. The case of the prosecution is that the defacto complainant purchased certain properties. For the very same properties, the petitioner is also said to have paid some advance amount. In view of the same, the petitioner is said to have verbally abused the defacto complainant in filthy language and threatened with dire consequences and attempted to murder the defacto complainant.
3. Heard the learned Senior counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent Police.
4. The petitioner filed earlier bail application in Crl.O.P.(MD).No.20150 of 2024 2/5
and the same was dismissed by an order dated 22.11.2024 on the ground that detention order has been passed against the petitioner under Act 14 of 1982. It is brought to the notice of this Court that the detention order has been revoked by the Government in G.O.(Ms).No.8796, dated 23.12.2024. In view of the same, the present bail application has been filed before this Court.
5. The learned Additional Public Prosecutor appearing for the respondent Police submitted that the petitioner has twelve previous cases pending against him and therefore, he vehemently opposed the grant of bail to the petitioner.
6. The learned Senior counsel appearing for the petitioner submitted that a false case has been foisted against the petitioner and this case was treated as the ground case for passing detention order which was ultimately revoked by the Government.
7. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioner has suffered incarceration from 04.11.2024 and taking note of the previous cases against the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions. 3/5
8. 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, Alangulam 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 petitioner shall report before the learned Judicial Magistrate, Alangulam every Monday at 10.30 a.m. for a period of eight weeks and thereafter, appear before the respondent Police 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]. 4/5
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 21/01/2025 / TRUE COPY / 21/01/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO 1.THE JUDICIAL MAGISTRATE, ALANGULAM 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TENKASI. 3.THE INSPECTOR OF POLICE, ALANGULAM POLICE STATION, TENKASI DISTRICT.
4.THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.K.PRABHU, Advocate ( SR-573[I] dated 21/01/2025 )
ORDER
IN CRL OP(MD) No.833 of 2025 Date :21/01/2025 RK/ (21/01/2025) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5