Vikkira Pandian v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/08/2024 PRESENT The Hon`ble Mr.Justice D. BHARATHA CHAKRAVARTHY Vikkira Pandian, ... Petitioner/3rd Accused Vs The Inspector of Police, Salai Gramam Police Station, Sivagangai District.
Crime No.94 of 2014.
... Respondent/Complainant For Petitioner : M/s. Jeyakarthik.M.S, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To release the petitioner on bail in connection with the FIR in Crime no.94 of 2014 on the file of the respondent Police, wherein the NBW dt.08.08.2024 was issued in C.C.No.70 of 2014 on the file of the learned District Munsif Court cum Judicial Magistrate Court, Ilayangudi.
ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 1/4
14.07.2024 for the offences punishable under Section 379 IPC in Crime No.94 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner herein and other accused have stolen the goat of the defacto complainant. 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 nature of the case that the petitioner was involved with reference to the theft of goat, 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 District Munsif Cum Judicial Magistrate, Ilayangudi. (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; (iii)the petitioner shall appear before the respondent Police daily at 10.30 a.m, except the dates of hearing before the trial Court and he will co-operate for early disposal of the case;
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(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/- 09/08/2024 / TRUE COPY / 09/08/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, ILAYANGUDI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.
3 THE OFFICER INCHARGE, DISTRICT JAIL, RAMANATHAPURAM.
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4 THE INSPECTOR OF POLICE, SALAI GRAMAM POLICE STATION, SIVAGANGAI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.M.S.JEYAKARTHIK, Advocate ( SR-9785[I] dated 09/08/2024 ) ORDER IN CRL OP(MD) No.13044 of 2024 Date :09/08/2024 SA/09.08.2024/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4