Muniyandi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH

1. Muniyandi

2. Senthilmurugan

3. Ramakrishnan ... Petitioners/Accused No.1, 2, 3 Vs The Inspector of Police, SIPCOT Police Station, Sivagangai District.

Crime No. 71/2024.

... Respondent/Complainant For Petitioner :

Mr.R.Boopathi For Respondent :

Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.71 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners/A1 to A3, who were arrested and remanded to judicial custody on 19.12.2024 for the offences under Sections 387 and 506(ii) of IPC and Section 25 (1A) of Arms Act BNS (hereinafter referred to as new penal code) in Crime No.71 of 1/5

2024 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioners had extracted money from the defacto complainant to the tune of Rs.500/- by showing knife and also threatened with dire consequences. The petitioners were arrested and remanded to judicial custody. The petitioners filed an application for bail and they were released on bail by order dated 14.06.2024 with a condition that they must appear before the respondent police daily for a period of third days. The petitioners complied with this condition from 18.06.2024 to 04.07.2024 and thereafter, they did not comply with the condition. Hence an application was filed seeking for cancellation of bail. In the mean time, the petitioners were involved in a murder case in which they were arrested and remanded to judicial custody. The petitioners were released on statutory bail in that case. The bail that was granted to the petitioners in this case was cancelled hence the petitioners after coming out on statutory bail, surrendered before the Court below in this case on 19.12.2024 and they were remanded to judicial custody.

3. The learned Additional Public Prosecutor appearing for the respondent police submitted that A1 has six previous cases, A2 has two previous cases and A3 has no previous case. He further submitted that the murder case in which all the three accused persons are involved is also pending. The petitioners have misused the 2/5

liberty granted to them by committing a serious offence and therefore, they are not entitled to be enlarged on bail and hence vehemently opposed the grant of bail to the petitioners.

4. Heard the learned Counsel appearing on either side.

5. Taking into consideration the facts and circumstances of the case and also of the fact that these petitioners have already suffered incarceration from 19.12.2024 and the petitioners were already enlarged on bail in this case by the Court below and the bail was cancelled since they did not properly comply with the condition and taking note of the previous cases against the petitioners, this Court is inclined to grant bail to the petitioners subject to the following conditions.

6. Accordingly, the criminal original petition is ordered and 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) each, with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Manamadurai, Sivagangai 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 petitioners shall report before the respondent police daily at 10.30 a.m 3/5

until further orders.

[c] the petitioners shall appear before the trial Court during every hearing date without fail.

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioners shall not abscond either during investigation or trial. [f] 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS 2023.

sd/- 27/01/2025 / TRUE COPY / 27/01/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

LR 4/5

TO 1 THE JUDICIAL MAGISTRATE, MANAMADURAI, SIVAGANGAI DISTRICT. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE OFFICER INCHARGE, DISTRICT PRISON, RAMNAD. 4 THE INSPECTOR OF POLICE, SIPCOT POLICE STATION, SIVAGANGAI DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.533 of 2025 Date :27/01/2025 RS/IT/SAR-(27.01.2025) 5P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5