Ravi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
1. Ravi,
2. Sivanantham, ... Petitioners/Accused 1 & 3 Vs The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District, Crime No.319/2024.
... Respondent/Complainant For Petitioners : M/s. Balamuruganantham.R, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.319/2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioners /Accused, who were arrested and remanded to judicial custody on 12.07.2024 for the offence punishable under Sections 296(b), 109, 351(3) BNS in Cr.No.319 of 2024 on the file of the respondent police, seek bail. 1/5
2. The case of the prosecution is that due to previous motive, the accused persons attacked the defacto complainant with wooden log and caused injuries. Hence, the complaint.
3.Heard the learned counsel on either side and perused the material records of the case.
4.Considering the facts and circumstances of the case and also considering the nature of the allegations that the de facto complainant went to the petitioner's house and considering the argument of the learned counsel of the petitioners that he is the aggressor and considering the fact that the petitioners are arrested on 11.7.2024, I am inclined to enlarge the petitioner on bail with certain conditions. However. Considering the antecedents of the petitioners and the fact that they are all residing in the same locality, the petitioners shall stay away, ie. at Kulithalai.
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, Thiruppuvanam, 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; 2/5
(ii)the petitioners shall stay at Kulithalai and shall report before the Inspector of Police, Kulithalai Police Station, Karur District, daily at 10.30 a.m., for a period of three weeks and thereafter, the petitioners shall report before the respondent police for a further period of one week and thereafter as and when required for interrogation. It is made clear that no relaxation of the condition for the said period will be entertained by this court;
(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 absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 19/08/2024 / TRUE COPY / 19/08/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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LS TO 1 THE JUDICIAL MAGISTRATE, THIRUPPUVANAM, SIVAGANGAI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.
3 THE OFFICER INCHARGE, DISTRICT PRISON, RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.
4 THE INSPECTOR OF POLICE, THIRUPPUVANAM POLICE STATION, SIVAGANGAI DISTRICT, 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE INSPECTOR OF POLICE KULITHALAI POLICE STATION, KARUR DISTRICT.
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+1 CC to M/s.R.BALAMURUGANANTHAM, Advocate ( SR-10049[I] dated 19/08/2024 )
ORDER
IN CRL OP(MD) No.13501 of 2024 Date :19/08/2024 SA/SAR. /19.08.2024/5P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5