Jagan @ Tamilarasan v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Jagan @ Tamilarasan ... Petitioner / Accused No.3 Vs The State of Tamil Nadu represented by the Inspector of Police, Natchiyarkoil Police Station, Thanjavur, Thanjavur District.
(Crime No.374 of 2014) ... Respondent / Complainant For Petitioner :
Mr.A.Joel Paul Antony, Advocate.
For Respondent :
Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS,2023. PRAYER :- For Bail in Crime No.374 of 2014 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner / Accused No.3, who was arrested and remanded to judicial custody on 30.07.2024 for the alleged offences under Sections 302 @ 147, 148, 324, 1/5
341, 302 read with Section 109 of IPC, in Crime No.374 of 2014, on the file of the respondent police, seeks bail.
2. The petitioner was facing trial before the learned Additional District and Sessions Judge ( Fast Track Court), Kumbakonam in S.C.No.34 of 2020 and the petitioner was arrayed as A3 in that case. The petitioner did not appear before the Court on the date of hearing ie., on 30.07.2024 and hence Non Bailable Warrant was issued against the petitioner. The petitioner surrendered before the Court on 04.10.2024 and sought for recall of Non Bailable Warrant which was rejected and the petitioner was remanded to Judicial Custody. From then, the petitioner is undergoing incarceration.
3. The learned Additional Public Prosecutor submitted that, the case is now posted on 24.01.2025 for examination of LW16 and others. The learned Additional Public Prosecutor also brought to the notice of this Court that there are ten previous cases against the petitioner.
4. The learned counsel for the petitioner submitted that, the petitioner has suffered incarceration from 04.10.2024 and that the petitioner undertakes to appear before the Court below during every date of hearing without fail.
5. Heard the learned counsel on either side and perused the material records of the case.
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6. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioner has suffered incarceration from 04.10.2024 and also considering the fact that the case is now posted on 24.01.2025 for examination of LW16 and others and also taking into consideration the previous cases against the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:
7. Accordingly, the petitioner is ordered to be released on bail on his 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.2, Kumbakonam, Thanjavur District, 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 Additional District and Sessions Judge ( Fast Track Court), Kumbakonam daily at 10.30.a.m., apart from the hearing dates without fail, 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. 3/5
[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/- 20/01/2025 / TRUE COPY / 20/01/2025 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
SMA To 1.The Additional District and Sessions Judge, (Fast Track Court), Kumbakonam.
2.The Judicial Magistrate No.II, Kumbakonam, Thanjavur District.
3.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.
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4.The Inspector of Police, Natchiyarkoil Police Station, Thanjavur, Thanjavur District.
5.The Superintendent, Central Prison, Trichy.
6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.693 of 2025 Date :20/01/2025 ED/ /SAR- (20/01/2025) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5