Maruthupandi v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Maruthupandi ... Petitioner/Accused No.5 Vs The Inspector of Police, Moolakkaraipatti Police Station, Tirunelveli District.
Crime No.26/2025.
... Respondent/Complainant For Petitioner :
Mr.K.Suyambulingabharathi, Advocate For Respondent :
Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.26/2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/A5, who was arrested and remanded to judicial custody on 17.01.2025 for the offences under Section 310(4) of BNS (hereinafter referred to as new penal code) in Crime No.26 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the accused persons had unlawfully 1/4
assembled in a place and were planning to commit a dacoity from TASMAC shops. On seeing the police party, they tried to flee from the place. Out of 6 accused persons, three persons were secured and the petitioner has been arrayed as A5.
3. Heard the learned Counsel appearing on either side. 4.Taking into consideration the facts and circumstances of the case and considering the manner in which the prosecution has projected this case and also taking note of the fact that there are fifteen previous cases against the petitioner, out of which three cases are murder cases and also of the fact that this petitioner has already suffered incarceration from 17.01.2025, 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, Nanguneri, 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 learned Judicial Magistrate, Nanguneri daily at 10.30 a.m until further orders except on the days when the 2/4
petitioner has to attend to other cases before other Courts. [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.
LR 3/4
TO 1 THE JUDICIAL MAGISTRATE, NANGUNERI.
2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.
4 THE INSPECTOR OF POLICE, MOOLAKKRAIPATTI POLICE STATION, TIRUNELVELI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.K.SUYAMBULINGA BHARATHI, Advocate ( SR-1202[I] dated 31/01/2025 )
ORDER
IN CRL OP(MD) No.2048 of 2025 Date :31/01/2025 RS/IT/SAR-(31.01.2025) 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4