Manibharathi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Manibharathi, ... Petitioner/Accused No.2 Vs The Inspector of Police, Thirunagar Police Station, Madurai District.

Crime No. 389/2024.

... Respondent/Complainant For Petitioner : Mr.V.Chandrapandi, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 389 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 27.07.2024 for the offences punishable under Sections 3 and 4 (a) of Explosive Substance Act, in crime No. 389 of 2024 on the file of the respondent police, seeks bail.

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2.The case of the prosecution is that the petitioner was working in Petrol bunk and he is the friend of A1, A1 brought petrol from the petitioner's bunk and used that in unlawful manner as petrol bomb.

3. Heard the learned counsel on either side and perused the material records of the case.

4. Considering the overall facts and circumstances of the case and considering the allegation as against the petitioner is that he is being a Mechanic, from him the first accused used to procure petrol for making crude petrol bombs and considering the fact that there are no antecedents as against the petitioner and that he was arrested on 27.07.2024, I am inclined to enlarge the petitioner on bail.

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 No.VI, Madurai.

(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 am for a period of four weeks and thereafter, as and when required for interrogation. It is 2/4

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 229-A IPC.

sd/- 08/08/2024 / TRUE COPY / 08/08/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO 1 THE JUDICIAL MAGISTRATE NO.VI, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

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3 THE INSPECTOR OF POLICE THIRUNAGAR POLICE STATION, MADURAI DISTRICT.

4 THE OFFICER INCHARGE, SUB JAIL, THENI.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.12400 of 2024 Date :08/08/2024 SS/SAR- /08/08/2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4