Balamurugan v. The Sub-Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Balamurugan, ... Petitioner/Accused No.
Not Known Vs The Sub-Inspector of Police, Emaneswaram Police Station, Ramanathapuram District.
Crime No. 123/2024.
... Respondent/Complainant For Petitioner : Mr.Sc.Herold Singh, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SECTION 483 OF BNSS PRAYER :- For Bail in Crime No. 123 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 15.07.2024 for the offences punishable under Sections 191(2), 191(3), 296(b), 118(1) 1/5
and 109 BNS, 2023 (under Sections 109, 146, 148, 294, 324 and 307 I.P.C) , in crime No.123 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that due to previous motive between the parties, the petitioner along with other accused armed with deadly weapons and abused the defacto complainant in filthy language and threatened with dire consequences and also assaulted him and caused injuries. Hence, the case.
3. Heard the learned counsel on either side and perused the material records of the case.
4.Considering the facts and circumstances of the case and also considering the fact that the injured is discharged from the hospital and the petitioner was arrested on 15.07.2024 and that there are no bad antecedents against the petitioner, I am inclined to grant bail to the petitioner on certain conditions. 5.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 Judicial Magistrate, Paramakudi.
(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; 2/5
(ii)the petitioner shall stay at Theni District and shall report before the Inspector of Police, Allinagaram Police Station, daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation. It is made clear that no relaxation of the condition for the said period will be entertained by this court; (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 absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 19/08/2024 / TRUE COPY / 19 / 08 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
LS 3/5
TO 1 THE JUDICIAL MAGISTRATE PARAMAKUDI.
2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT 3 THE SUB-INSPECTOR OF POLICE EMANESWARAM POLICE STATION, RAMANATHAPURAM DISTRICT.
4 THE SUPERINTENDENT DISTRICT JAIL, RAMANATHAPURAM
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO THE INPSPECTOR OF POLICE ALLINAGARAM POLICE STATION, +1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-10069[I] dated 19/08/2024 )
ORDER
IN CRL OP(MD) No.11611 of 2024 Date :19/08/2024 4/5
PSP/ /SAR /19.08.2024/ 5P/ 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5