Mano Robinson v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH
1. Mano Robinson, S/o Jeyarathinam, Near Camping Road, Koodal Nagar, Madurai.
2. Sukrivan, S/o Kesavaperumal, 2/2 Pandian Nagar 2nd Cross Street, V.Karisalkulam, Madurai.
... Petitioners/Accused 6, 11 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Alanganallur Police Station, Madurai District.
Crime No. 1416/2020.
... Respondent/Complainant 1/6
For Petitioner : Mr.S.Jaya Vasanthan, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To release the petitioners on bail in S.C No. 383/2022 on the file of the Honble Sessions Judge, Mahalir Neethimandram, Madurai ORDER : The Court made the following order :- The petitioners / Accused Nos.6 & 11, who were arrested and remanded to judicial custody on 02.12.2024 and were facing trial in S.C No. 383/2022 on the file of the learned Sessions Judge, Mahalir Neethimandram, Madurai for offences under Sections 147, 148, 341, 307, 302, 109, 120B, 149, 326, 114 of IPC, seek bail.
2. The petitioners were facing trial before the learned Sessions Judge, Mahalir Neethimandram, Madurai in S.C No. 383/2022. They did not appear on 14.11.2024 and hence, the trial court issued non bailable warrant. The petitioners were able to be secured by the respondent Police on 02.12.2024 and they were produced before the trial Court and they were remanded to judicial custody. From then, the petitioners 2/6
are in judicial custody.
3. The learned Additional Public Prosecutor appearing for the respondent Police submitted that there are twelve accused persons in this case and the petitioners have been arrayed as Accused Nos.6 and 11. He further submitted that the case is now at the stage of framing of charges and it is posted on 07.02.2025. He further submitted that Accused No.6 has two previous cases and Accused No.11 has no previous cases. However, considering the conduct of the petitioners, the learned Additional Public Prosecutor vehemently opposed the grant of bail to the petitioners. 4.The learned counsel appearing for the petitioners submitted that the petitioners undertake to appear before the trial Court during every date of hearing without fail and they will not in any way cause delay in disposal of the case. 5.
Taking into consideration the facts and circumstances of the case and also considering the undertaking given by the petitioners and also considering the fact that the petitioners have suffered incarceration in this case from 02.12.2024 and the case is at the stage of framing of charges and taking note of the fact that Accused No.6 has two previous cases and Accused No.
inclined to grant bail to the petitioners subject to the following conditions.
6. 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 Sessions Judge, Mahalir Neethimandram, Madurai 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 Sessions Judge, Mahalir Neethimandram, Madurai daily at 10.30 a.m. apart from the hearing dates until further orders.
[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. 4/6
[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/- 30/01/2025 / TRUE COPY / 30/01/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO
1. The Sessions Judge, Mahalir Neethimandram, Madurai.
2. The Officer in charge, Sub Jail, Dindigul.
3. The Inspector of Police, Alanganallur Police Station, Madurai District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5/6
+1 CC to M/s.S.JAYA VASANTHAN, Advocate ( SR-1120[I] dated 30/01/2025 )
ORDER
IN CRL OP(MD) No.1922 of 2025 Date :30/01/2025 RK (30/01/2025) 6P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6