Dhanasekaran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.07.2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Crl.O.P.(MD)Nos.11949 & 11935 of 2024 Dhanasekaran ... Petitioner / Accused No.3 in Crl.O.P.(MD)No.11949 of 2024 1.Manojkumar 2.Siva Surya ... Petitioners / Accused No.1 & 2 in Crl.O.P.(MD)No.11935 of 2024 Vs The Inspector of Police, Courtallam Police Station, Tenkasi District.
(Crime No.272 of 2024) ... Respondent / Complainant in both Crl.O.Ps.
(In both Crl.O.Ps.) For Petitioners :
Mr.D.Rajaboopathy, Advocate For Respondent :
Mr.R.M.Anbunithi, (In both Crl.O.Ps.) Additional Public Prosecutor.
PETITIONS FOR BAIL Under Sec.483 of B.N.S.S. U/s 439 of Cr.P.C. COMMON PRAYER :- For Bail in Cr No.272 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 21.07.2024 for the offence punishable under Section 303(2) BNS in Cr.No.272 of 2024 1/4
on the file of the respondent police, seek bail. 2.The case of the prosecution is that the petitioners have stolen two mobile phones of the defacto complainant. Hence, the case. 3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have been falsely implicated in this case. He would further submit that the petitioners are in judicial custody from 21.07.2024, hence they may be released on bail.
4.The learned Additional Public Prosecutor would submit that the investigation is yet to be completed. However, he fairly conceded that no previous case is pending against the petitioners.
5.Considering the period of incarceration and also considering the fact that no bad antecedent is reported against the petitioners, this Court is inclined to grant bail to the 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, Shenkottai, Tenkasi District. [i] the sureties shall affix their photographs and Left thumb Impression in the surety bond and the Special Court/concerned Court may obtain a copy of their 2/4
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 Judicial Magistrate/Trial 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]. [vii] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
sd/- 29/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
GNS 3/4
To 1.The Judicial Magistrate, Shenkottai, Tenkasi District.
2.Do through the Chief Judicial Magistrate, Tirunelveli District.
3.The Inspector of Police, Courtallam Police Station, Tenkasi District.
4.The Officer Incharge, Sub Jail, Tenkasi, Tenkasi District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+2CC to M/s.D.RAJABOOPATHY, Advocate, SR Nos.8902 & 8903(I), dated 30.07.2024
ORDER
IN Crl.O.P.(MD)Nos.11949 & 11935 of 2024 Date :29/07/2024 ED/ /SAR- (29/07/2024) 4P / 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4