Mayandi @ Mano v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Mayandi @ Mano ... Petitioner/Accused No.12 Vs The State of Tamil Nadu represented by the Inspector of Police, Eppodhumvendran Police Station, Thoothukudi District.

(Crime No.8 of 2025) ... Respondent / Complainant For Petitioner : Mr.K.P.Narayanakumar, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS,2023. PRAYER :- For Bail in Crime No.8 of 2025 on the file of the respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner / Accused No.12, who was arrested and remanded to judicial custody on 12.01.2025 for the alleged offences under Sections 310 and 351(3) of BNS, 2023, in Crime No.8 of 2025, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that all the accused persons formed into an unlawful assembly and entered the factory premises and committed dacoity of 200 kg of copper units. There are totally 12 accused persons in this case and the petitioner has been arrayed as A12.

3. The learned Additional Public Prosecutor, on instructions, submitted that A1 to A6 and A9 entered into the factory and A8 and A10 to A12 waited outside the factory along with the vehicle. After the copper units were looted, it was transported in the vehicle which was waiting outside the factory. The learned Additional Public Prosecutor submitted that 199 copper units have been recovered in this case. The learned Additional Public Prosecutor further submitted that there are no previous cases against the petitioner.

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4. Heard the learned counsel on either side and perused the material records of the case.

5. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioner has suffered incarceration from 12.01.2025 and also considering the fact that almost the entire stolen property has been recovered and there are no previous cases against the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

6. 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 Court, Ottapidaram, 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 on every Monday and Friday at 10.30 a.m. for a period of six weeks and thereafter, as and when 3/5

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/- 29/01/2025 / TRUE COPY / 29/01/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE OTTAPIDARAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3 THE INSPECTOR OF POLICE, EPPODHUMVENDRAN POLICE STATION, THOOTHUKUDI DISTRICT.

4 THE OFFICER INCHARGE, DISTRICT JAIL, PERAORANI.

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

ORDER

IN CRL OP(MD) No.1664 of 2025 Date :29/01/2025 SS/SAR- /29/01/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5