Sudalai v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Sudalai ... Petitioner/Accused-1 Vs The Inspector of Police, Coutrallam Police Station, Tenkasi District.

Cr. No. 460 of 2024.

... Respondent/Complainant For Petitioner :

M.Sankar, Advocate For Respondent :

Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 460 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 21.12.2024 for the offences under Sections 331(4) and 305(a) BNS (hereinafter referred to as new penal code) in Crime No.460 of 2024 on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that the petitioner broke open the shop of the defacto complainant and trespassed into the shop and had stolen the mobile phone and cash to the tune of Rs.10,000/- and the entire incident was captured in the CCTV footage.

3. Heard the learned Counsel appearing on either side.

4. Taking into consideration the facts and circumstances of the case and considering the entire incident has been captured in the CCTV footage and also considering the fact that there is one previous case against the petitioner for an IPC offence and also of the fact that this petitioner has already suffered incarceration from 21.12.2024, 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, Shencottai, 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 2/4

Friday at 10.30 a.m until further orders.

[c] the petitioner shall appear before the trial Court during every hearing date without fail.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial. [f] 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS 2023.

sd/- 31/01/2025 / TRUE COPY / 31/01/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE, SHENCOTTAI.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TENKASI DISTRICT. 3 THE OFFICER INCHARGE, SUB JAIL, TENKASI.

4 THE INSPECTOR OF POLICE, COUTRALLAM POLICE STATION, TENKASI DISTRICT.

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

ORDER

IN CRL OP(MD) No.1994 of 2025 Date :31/01/2025 RS/IT/SAR-(31.01.2025) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4