Venkateshwaran v. The 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

1. Venkateshwaran, S/o. Gunasekaran, No.1/319,J.J. Nagar, Thaniyamangalam Village, Melur Taluk, Madurai District..

2. Thirunageshwar,, S/o. Tamilarasan, Sathamangalam Village, Melur Taluk, Madurai District..

... Petitioners/Accused No.4 & 6 Vs The State of Tamil Nadu,, Rep. by the Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

(Cr. No. 14 of 2025).

... Respondent/Complainant 1/5

For Petitioners : Mr.B.Santhanam Rajesh Kumar, Advocate.

For Respondent : Mr.S,Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 14 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners / Accused Nos.4 & 6, who were arrested and remanded to judicial custody on 11.01.2025 for offence under Sections 310(4) and 310(5) of BNS and 25(1A) of the Arms Act in Crime No.14 of 2025, on the file of the respondent Police, seek bail.

2. The case of the prosecution is that on 11.01.2025 at about 12.30 hours, based on a secret information, the respondent Police went to the spot and found totally six persons, who were preparing to commit a dacoity in Panaiyur Co-operative Society and they were all armed with deadly weapons. There are totally six accused persons in this case and the petitioners have been arrayed as Accused Nos.4 and 6.

3. Heard the learned counsel appearing for the petitioners 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 manner in which the prosecution has projected the case and taking note of the fact that there are no previous cases against Accused No.4 and two previous cases against Accused No.6, this Court is inclined to grant bail to the petitioners subject to the following conditions:

5. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each, with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.2, Sivagangai, Sivagangai District 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 petitioners shall report before the learned Judicial Magistrate No.II, Sivagangai every Monday and Friday at 10.30 a.m. for a period of six weeks and thereafter, appear before the respondent Police as and when required for interrogation.

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[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

TSG TO 1 THE JUDICIAL MAGISTRATE NO.II SIVAGANGAI SIVAGANGAI DISTIRCT 2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 4/5

3 THE OFFICER INCHARGE, DISTRICT PRISON, THENI, THENI DISTRICT.

4 THE INSPECTOR OF POLICE, SIVAGANGAI TALUK POLICE STATION, SIVAGANGAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.1732 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