Nagarathinam v. State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Nagarathinam, S/o.Nagan, No.3/2,Kaliamman Kovil Street, Nachikulam Village, Vadipatti Taluk, Madurai District-625 205..
... Petitioner/Accused No.2 Vs State of Tamil Nadu, Rep. by the Inspector of Police, Sholavandhan Police Station, Sholavandhan, Madurai District.
(Crime No. 280/2024).
... Respondent/Complainant For Petitioner : Ms.A.Aruljenifer, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor 1/5
PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- for Bail in Crime No.280 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused No.2, who was arrested and remanded to judicial custody on 29.12.2024 for offences under Sections 304(2) of BNS, 2023 @ 304 (2) of BNS 2023 and 83(2) of Juvenile Justice Act in Crime No.280 of 2024, on the file of the respondent Police, seeks bail.
2. The case of the prosecution is that the defacto complainant asked for a lift in the vehicle that was driven by the accused persons. The accused persons gave him lift and dropped in a particular place. Thereafter, they followed him and took away his mobile phone worth about Rs.5,000/-. There are totally three accused persons in this case and the petitioner has been arrayed as Accused No.2.
3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent Police. 2/5
4. Taking into consideration the facts and circumstances of the case and considering the age of the petitioner and taking note of the fact that the petitioner has suffered incarceration from 29.12.2024 and considering the fact that the phone has already been recovered and there is one previous case against the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions.
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, Vadipatti 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 every Monday and Friday at 10.30 a.m. for a period of six weeks 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. 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/- 29/01/2025 / TRUE COPY / 29/01/2025 Sub-Assistant Registrar (VIGILANCE) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO
1. The Judicial Magistrate, Vadipatti.
2. Do-Through The Chief Judicial Magistrate, Madurai District.
3. The Officer in charge, Sub Jail, Thirumangalam.
4. The Inspector of Police, Sholavandhan Police Station, Sholavandhan, Madurai District.
4/5
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.A.ARUL JENIFER, Advocate ( SR-1019[I] dated 29/01/2025 )
ORDER
IN CRL OP(MD) No.1714 of 2025 Date :29/01/2025 RK/ (29/01/2025) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5