Pandiyarajan @ Vedikundu Pandiyarajan 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 Pandiyarajan @ Vedikundu Pandiyarajan, ... Petitioner/Accused 1 Vs The Inspector of Police, Reddiyarchatram Police Station, Dindigul District.

Crime No. 145/2024.

... Respondent/Complainant For Petitioner : Mr.K.Mu.Muthu Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 145 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 07.07.2024 for the offences punishable under Sections 126(2), 296(b), 308(4) and 351

(3) BNS, 2023, in crime No.145 of 2024, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner wrongfully restrained the 1/4

defacto complainant and abused him in filthy language and robbed Rs.200/- on the point of knife and also threatened him with dire consequences. 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 fact that the petitioner was arrested on 07.07.2024 and considering the nature of allegation, I am inclined to grant bail to the petitioner on certain conditions. 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, Ottanchathram;

(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 a.m., for a period of four weeks 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 petitioner shall not tamper with evidence or witness; 2/4

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 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.

LS TO 1 THE JUDICIAL MAGISTRATE, OTTANCHITHRAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3 THE OFFICER INCHARGE, SUB JAIL, PERIYAKULAM, THENI DISTRICT.

4 THE INSPECTOR OF POLICE, REDDIYARCHATRAM POLICE STATION, DINDIGUL DISTRICT.

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

+1 CC TO MR.K.MU.MUTHU, ADVOCATE, SR-10222[I] DATED 21/08/2024

ORDER

IN CRL OP(MD) No.13048 of 2024 Date :19/08/2024 SA/SAR. /19.08.2024/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4