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Madras High CourtCRL OP(MD)/12941/2024allowed

Raj @ Raju v. The Inspector Of Police

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Raj @ Raju, ... Petitioner/Accused Rank not known Vs The Inspector of Police, Kallaperambur Police Station, Thanjavur District, Crime No.108/2024.

... Respondent/Complainant For Petitioner : M/s. Dhilipan Pandian.R.L, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.108/2024 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 1/4

07.06.2024 for the offences punishable under Sections 386 and 506(2) of IPC in crime No.108 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that when the defacto complainant returning from the work in Two Wheeler, the petitioner herein has snatched the gold chain of the defacto-complainant and also threatened him with dire consequences. Hence the case.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent and perused the materials available on record.

4. Considering the fact that the jewel which was snatched by the petitioner is recovered and considering the fact that the petitioner was arrested on 07.06.2024, 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.II, Thanjavur, Thanjavur 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

(iii)the petitioner shall appear before the respondent Police daily at 10.30 a.m for a period of four weeks and thereafter, as and when required for interrogation; (iv)the petitioner shall not tamper with evidence or witness; v)the petitioner shall not abscond during trial. vi)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]. (vii)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 ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

APD/TRP TO 1 THE JUDICIAL MAGISTRATE NO.II THANJAVUR, THANJAVUR DISTRICT.

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2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE OFFICER INCHARGE, DISTRICT PRISON, THANJAVUR.

4 THE INSPECTOR OF POLICE KALLAPERAMBUR POLICE STATION, THANJAVUR DISTRICT 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.R.L.DHILIPAN PANDIAN, Advocate ( SR-9633[I] dated 08/08/2024 )

ORDER

IN CRL OP(MD) No.12941 of 2024 Date :08/08/2024 SS/SAR- /08/08/2024/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4