Ananthababu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN
1. Ananthababu,
2. Ranjith, ... Petitioners/1st & 2nd Accused Vs The Inspector of Police, Sivagangai Town Police Station, Sivagangai District, Crime No.533/2024.
... Respondent/Complainant For Petitioners : Mr.V.Kannan, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of B.N.S.S. U/s 439 of Cr.P.C. PRAYER :- For Bail in Crime No.533/2024 on the file of the respondent police 1/5
ORDER : The Court made the following order :- The petitioners/Accused, who were arrested and remanded to judicial custody on 29.06.2024 for the offences punishable under Sections 294(b) IPC r/w. 25(1-A) of Arms Act, in crime No.533 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioners herein have threatened the public by showing the sword. Hence, the complaint. 3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and their names have been false implicated in this case. He would further submit that the petitioners are in judicial custody from 29.06.2024, hence they may be granted bail. 4.
The learned Additional Public Prosecutor would submit that the petitioners herein are histroy sheeted rowdy and the investigation of the case is pending and hence, he strongly opposed to grant bail to the petitioners. 5.
petitioners on certain conditions.
6.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Sivagangai, Sivagangai 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; (ii)the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;
(iii)the petitioners shall not tamper with evidence or witness; iv)the petitioners shall not abscond during trial. v)On breach of any of the aforesaid conditions, the learned Magistrate/Trial 3/5
Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/- 26/07/2024 / TRUE COPY / 26/07/2024 Sub-Assistant Registrar (PA-I / AD-I ) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO
1. The Judicial Magistrate No.I, Sivagangai, Sivagangai District.
2. Do-Through The Chief Judicial Magistrate, Sivagangai District.
3. The Officer in charge, Sub Jail, Sivagangai.
4. The Inspector of Police, Sivagangai Town Police Station, Sivagangai District, 4/5
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.V.KANNAN, Advocate ( SR-8750[I] dated 26/07/2024 )
ORDER
IN CRL OP(MD) No.11747 of 2024 Date :26/07/2024 RK (26/07/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5