Santhakumar v. State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Santhakumar ... Petitioner / Accused Rank Not Known Vs The State of Tamil Nadu represented by the The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.
(Crime No.539 of 2024) ... Respondent / Complainant For Petitioner : Mr.M.Prabu, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITIONS FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.539 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner / Accused No.4, who was arrested and remanded to judicial custody on 29.12.2024 for the alleged offences under Sections 311 of BNSS, in Crime No.539 of 2024, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 20.09.2024, at about 07.35.p.m., when the defacto complainant was returning home in his car, a gang of 10 persons blocked 1/4
the way and damaged the car and took away the mobile phone and power bank from the car. There are totally 9 accused persons in this case and the petitioner has been arrayed as A8. The petitioner was added as an accused based on the confession of the co-accused.
3. Heard the learned counsel on either side and perused the material records of the case.
4. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioner was added as an accused based on the confession of co-accused and also considering the fact that the petitioner has suffered incarceration from 29.12.2024 and taking note of the fact that there are 10 previous cases against the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:
5. 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.II, Kovilpatti, 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.
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[b] the petitioner shall report before the learned Judicial Magistrate No.II, Kovilpatti daily at 10.30.am., and report before the respondent police daily at 05.30.a.m., for a period of thirty days and thereafter 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 22/01/2025 / TRUE COPY / 22 / 01 /2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE JUDICIAL MAGISTRATE NO.II, KOVILPATTI.
2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
3 THE INSPECTOR OF POLICE, KOVILPATTI WEST POLICE STATION, THOOTHUKUDI DISTRICT.
4 THE SUPERINTENDENT CENTRAL JAIL, PALAYAMKOTTAI.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.1118 of 2025 Date :22/01/2025 PSP/ /SAR /22.01.2025/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4