Chinnadurai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Chinnadurai ... Petitioner/Sole Accused Vs The Inspector of Police, Orathanadu Police Station, Thanjavur District.

(Crime No.517 of 2024.) ... Respondent/Complainant For Petitioner :

Mr.B.Anandan, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.517 of 2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 20.07.2024 for the offences punishable under Sections 303 (2) and 62 BNS, 2023, in Crime No. 517 of 2024 on the file of the respondent police, seeks bail. 1/4

2.The case of the prosecution is that the petitioner is said to have illegally transported the pond soil. Hence, the case.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 20.07.2024, hence he may be released on bail.

4.The learned Additional Public Prosecutor would submit that the petitioner is not having any previous case and the investigation is in preliminary stage. Hence, he vehemently, opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner on certain conditions.

6.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 Judicial Magistrate, Orathanadu, Thanjavur District. (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; 2/4

(ii)the petitioner shall report before the respondent police daily at 10.30 a.m, for a period of two weeks and thereafter as and when required for interrogation; (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 in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. vi)If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 25/07/2024 / TRUE COPY / 25/07/2024 Sub-Assistant Registrar ( Judicial ) Madurai Bench of Madras High Court, Madurai - 625 023.

LS To 1.The Judicial Magistrate, Orathanadu, Thanjavur District.

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2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

3.The Inspector of Police, Orathanadu Police Station, Thanjavur District.

4.The Officer Incharge, District Prison, Pudukkottai.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.B.ANANDAN, Advocate ( SR-8631[I] dated 25/07/2024 )

ORDER

IN CRL OP(MD) No.11594 of 2024 Date :25/07/2024 ED/ /SAR- (25/07/2024) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4