Naveenkumar 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 Naveenkumar, ... Petitioner/Sole Accused Vs The Inspector of Police, Sivagangai Town Police Station, Sivagangai.
Crime No. 606/2024.
... Respondent/Complainant For Petitioner : M/s. Malaimaran.K, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :-For Bail in Crime No. 606 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 19.06.2024 for the offences punishable under Sections 296(b), 109 (1) & 118 (1) BNS, 2023, and Section 4 of TNPWH Act, in Crime No.606 of 2024 on the file of the 1/4
respondent police, seeks bail.
2.The case of the prosecution is that the petitioner said to have abused the mother-in-law of the defacto complainant in filthy language and pulled her hair and also hit on the wall and caused injuried. Hence, the case.
3. Heard the learned counsel on either side and perused the material records of the case.
4. considering the fact that there is a land dispute and that the petitioner is arrested on 24.07.2024 and that the injured is discharged from the hospital and that there are no bad antecedents against the petitioner, I am inclined to enlarge the petitioner on bail with 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 Judicial Magistrate, Additional Mahila Court, Sivagangai. (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 trial Court daily at 10.30 a.m for a period of three weeks and thereafter, as and when required for interrogation; It is 2/4
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; 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 abscond, a fresh FIR can be registered under Section 229A IPC.
sd/- 09/08/2024 / TRUE COPY / 09/08/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
LS TO 1 THE JUDICIAL MAGISTRATE, ADDITIONAL MAHILA COURT, SIVAGANGAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.
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3 THE OFFICER INCHARGE, DISTRICT PRISON, RAMANATHAPURAM.
4 THE INSPECTOR OF POLICE, SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.K.MALAIMARAN, Advocate ( SR-9733[I] dated 09/08/2024 ) ORDER IN CRL OP(MD) No.13082 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