Govindaraj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/08/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Govindaraj, ... Petitioner/Sole Accused Vs The Inspector of Police, Woraiyur Police Station, Trichy.
Crime No. 489/2024..
... Respondent/Complainant For Petitioner : M/S.R.Yamuna, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.489 of 2024 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 15.07.2024 for the offences punishable under Sections 309(4), 311, 351(3) of BNS, 2023 (392, 397, 506(i) of IPC) and Section 3(1) of TNPPDL Act, 1992, in crime No.489 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner demanded a sum of Rs.500/- from the defato complainant for consuming alcohol. When the same was refused by the defacto complainant, he damaged the flex board and snatched a sum of Rs.1000/- from the shirt of the defacto complainant. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is innocents and he has not committed any offence as mentioned in the FIR.
He would further submit that the no previous case is pending against the petitioner and the petitioner is in judicial custody from 15.07.2024 and hence he may be granted bail. 4.The learned Additional Public Prosecutor would submit that the investigation is in preliminary stage. But, however, he fairly conceded that no previous case is pending against the petitioner.
5.Considering the period of incarceration and also considering the fact that no bad antecedent is reported against the petitioner, 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 learned Judicial Magistrate Court No.V, Trichy.. (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 respondent police daily at 10.30 a.m., for a period of three 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 3/5
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/- 01/08/2024 / TRUE COPY / 02/08/2024 Sub-Assistant Registrar( ) Madurai Bench of Madras High Court, Madurai - 625 023.
DSS TO 1 THE JUDIICAL MAGISTRATE NO.V TRICHY.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY..
4 THE INSPECTOR OF POLICE WORAIYUR POLICE STATION, TRICHY.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4/5
+ 1 CC TO M/S.R.Yamuna, ADVOCATE IN SR No. 9277 DATED 02/08/2024
ORDER
IN CRL OP(MD) No.12337 of 2024 Date :01/08/2024 SS/SAR- /02/08/2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5