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Madras High CourtCRL OP(MD)/12819/2024allowed

Muppudathi v. The Inspector Of Police

2024-08-07Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

1. Muppudathi,

2. Ramaiah, ... Petitioners/Accused Nos.1&2 Vs The Inspector of Police, Alangulam Police Station, Tenkasi District.

Crime No. 339 of 2024.

... Respondent/Complainant For Petitioners: Mr.S.Ananthamurugan, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.339 of 2024 on the file of the Respondent Police. 1/4

ORDER : The Court made the following order :- The petitioners/A1&A2, who were arrested and remanded to judicial custody on 29.07.2024 for the offences punishable under Sections 25(1)(a) of Arms Act, 1959, in Crime No.339 of 2024 on the file of the respondent police, seek bail. 2.The case of the prosecution is that the petitioners were travelling in a motorcycle with deadly weapons and made life threat to the public. Hence, the complaint.

3.Heard both sides.

4.Considering the fact that the petitioners were carrying the sickles for their security purpose on the way from Courtrallam and also considering the period of incarceration, this Court is inclined to grant bail to the petitioners on certain conditions.

5.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, Alangulam, Tenkasi 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; 2/4

(ii)the petitioners 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 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 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 abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 07/08/2024 / TRUE COPY / 07 / 08 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

DSS 3/4

TO 1 THE JUDICIAL MAGISTRATE ALANGULAM TENKASI DISTRICT.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

4 THE INSPECTOR OF POLICE ALANGULAM POLICE STATION, TENKASI DISTRICT.

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

+1 CC to M/s.S.ANANTHAMURUGAN Advocate ( SR-9649[I] dated 08/08/2024 )

ORDER

IN CRL OP(MD) No.12819 of 2024 Date :07/08/2024 PSP/ /SAR /07.08.2024/ 4P/ 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4