Kumaravel v. State Of Tamilnadu Rep By Inspector Of Police, Mudukulathur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/05/2025 PRESENT The HONOURABLE MR. JUSTICE K. RAJASEKAR Kumaravel ... Petitioner/Accused Vs.

The State of Tamil Nadu, Rep by the Inspector of Police, Mudukulathur Police Station, Ramanathapuram District.

Crime No. 228 of 2016. ... Respondent/Complainant For Petitioner : Mr.T.Veerakumar Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioner on bail in C.C No. 55 of 2021 on the file of the Chief Judicial Magistrate, Ramanathapuram, in connection with Crime No. 228 of 2016 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 26.03.2025 for the offences punishable under Sections 420, 465, 466, 475 and 477-A I.P.C, in Crime No. 228 of 2016 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner while serving as a typist in the District Munsif office, affixed the signature of the Judicial Officer in the judgment and decree of the uncontested matters.

3. The case was registered in the year 2016 and after investigation, final report was also filed by the respondent police and the same was pending trial in C.C.No.55 of 2021 on the file of the Chief Judicial Magistrate, Ramanathapuram.

4. The learned counsel for the petitioner submitted that the petitioner was not served with the summons and directly warrant was issued, at the time of taking cognizance by the concerned trial Court and the petitioner was not aware about the issuance of NBW and he was arrested on 26.03.2025.

5. The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner is terminated from service and he opposed for grant of bail to the petitioner.

6. Considering the facts and circumstances of the case and also considering the fact that the case was registered in the year 2016 and after investigation, final report 2/4

was filed in the year 2021 pending trial in C.C.No.55 of 2021 and on the basis of the NBW issued, the petitioner has been arrested and that the absconding charge sheet was filed, after filing of the final report, I am inclined to grant bail to the petitioner on certain conditions.

7. Accordingly, this Criminal Original Petition is allowed 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 Chief Judicial Magistrate, Ramanathapuram. (i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii)the petitioner shall report before the trial Court daily at 10.30 a.m., until further orders;

(iii)the petitioner shall not tamper with evidence or witness; iv)the petitioner shall not abscond during trial. v)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 3/4

in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [vi] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.

sd/- 14/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO

1. THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.

2. THE INSPECTOR OF POLICE, MUDUKULATHUR POLICE STATION, RAMANATHAPURAM DISTRICT.

3.THE OFFICER IN CHARGE, DISTRICT PRISON, RAMANATHAPURAM.

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

+1. CC to T. VEERAKUMAR Advocate SR.No.5528 (I)DT.14/05/2025 ORDER IN CRL OP(MD) No.8762 of 2025 Date :14/05/2025 PR/15.05 .2025 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4