Ajithkumar v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Ajithkumar, ... Petitioner/Sole Accused Vs The State of Tamilnadu, Rep By, The Inspector of Police, Awps Uthamapalayam Police Station, Theni District.
Cr.No.34 of 2024..
... Respondent/Complainant For Petitioner : M/s.K.Dinesh, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.34 of 2024 on the file of the respondent police. 1/5
ORDER : The Court made the following order :- The petitioner / Sole Accused, who was arrested and remanded to judicial custody on 25.11.2024 for offences under Sections 329 (4), 64 r/w 62 of BNS, 2023 in Crime No.34 of 2024, on the file of the respondent Police, seeks bail.
2. The case of the prosecution is that the petitioner attempted to rape the victim, who was a blind woman. It is alleged that one Manimegalai had seen the petitioner and it is only based on her statement, the petitioner has been made as an accused in this case.
3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.
4. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioner has suffered incarceration from 25.11.2024 and there are no previous cases against the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions. 2/5
5. 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, Uthamapalayam 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 respondent police daily at 10.30 a.m. 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. [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial 3/5
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/- 23/01/2025 / TRUE COPY / 23/01/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO 1 THE JUDICIAL MAGISTRATE UTHAMAPALAYAM 2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE OFFICER INCHARGE, DISTRICT JAIL, THENI.
4 THE INSPECTOR OF POLICE, AWPS UTHAMAPALAYAM POLICE STATION, THENI DISTRICT.
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5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.1188 of 2025 Date :23/01/2025 SS/SAR- /23/01/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5