M.Ponmuthu v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH M.Ponmuthu ... Petitioner/Accused No.1 Vs The State of Tamilnadu, Rep by the Inspector of Police, Muthiahpuram Police Station, Thoothukudi District.
(In Cr.No.378 of 2017.) ... Respondent/Complainant For Petitioner :
Mr.K.Ramar, Advocate.
For Respondent :
Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- . To enlarge the Petitioner / Accused on bail in connection with S.C.No.181 of 2024 on the file of the Learned I Additional District and Sessions Court, Thoothukudi relating to Cr.No.378 of 2017 pending on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner / A1, who was arrested and remanded to judicial custody on 11.11.2024 and was facing trial for the offence under Section 399 of IPC in connection 1/5
with S.C.No.181 of 2024 on the file of the learned I Additional District and Sessions Court, Thoothukudi relating to Cr.No.378 of 2017 on the file of the respondent Police, seeks bail.
2. The petitioner was facing trial before the learned I Additional District and Sessions Court, Thoothukudi in S.C.No.181 of 2024. On the date of hearing i.e., on 14.10.2024, the petitioner was not present before the Court. Hence, non bailable warrant was issued and the same was executed and the petitioner was produced before the Court on 11.11.2024 and he was remanded to judicial custody.
3. The learned Additional Public Prosecutor appearing for the respondent Police submitted that charges have been framed and the case is posted for fixing the dates for examination of witnesses. He further submitted that there are totally five accused persons in this case and the petitioner has been arrayed as Accused No.1. The learned Additional Public Prosecutor has brought to the notice of this Court that there are six previous cases against the petitioner. In view of the same, the learned Additional Public Prosecutor vehemently opposed the grant of bail to the petitioner.
4. The learned counsel appearing for the petitioner submitted that the petitioner has suffered incarceration from 11.11.2024 and that the petitioner undertakes to appear before the Court below during every date of hearing without 2/5
fail.
5. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioner has suffered incarceration from 11.11.2024 and charges have already been framed by the trial Court and also taking note of the previous cases against the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions.
6. 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 I Additional District and Sessions Judge, Thoothukudi 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 I Additional District and Sessions Judge, Thoothukudi, daily at 10.30 a.m. apart from the hearing dates until further orders.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
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[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/- 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.
TSG To 1.The I Additional District and Sessions Judge, Thoothukudi.
2.The Inspector of Police, Muthiahpuram Police Station, Thoothukudi District.
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3.The Officer Incharge, District Prison, Thoothukudi.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.781 of 2025 Date :20/01/2025 ED/ /SAR- (20/01/2025) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5