Deena @ Deenadhayalan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Deena @ Deenadhayalan ... Petitioner/Accused No.6 Vs The Inspector of Police, Thirunagar Police Station, Madurai District.
Crime No.376/2024..
... Respondent/Complainant For Petitioner : Mr.T. Gopala Krishnan, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 BNSS PRAYER :- For Bail in Crime No. 376 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 15.07.2024 for the offences punishable under Sections 61(2), 109, 111, 191(2), 191(3), 296(b) and 324(4) of BNS and Section 25(1A) of Arms Act in crime No.376 of 2024 on the file of the respondent police, seeks bail. 1/4
2.The case of the prosecution is that due to previous to motive the petitioner herein and other accused persons trespassed into the house of the defacto complainant with Aruval and other weapons and attacked him and also abused him in filthy language. 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 allegations in this case that that there was no actual injury, but, there was a serious threat and considering the fact that the petitioner has got one previous case and considering the situation being rather volatile and considering the fact that the petitioner was arrested on 15/7/2024, I'm of the view that the petitioner can be enlarged on bail, but, however he has to stay away.
6. 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.VI, Madurai.
(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
(ii) the petitioner shall stay at Tuticorin and report before the SIPCOT Police Station, daily at 10.30 a.m for a period of four weeks and thereafter, as and when required for interrogation before the respondent Police; (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 absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 16/08/2024 / TRUE COPY / 16 / 08 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
TRP 3/4
TO
1. THE JUDICIAL MAGISTRATE NO.VI, MADURAI.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.
3. THE INSPECTOR OF POLICE, THIRUNAGAR POLICE STATION, MADURAI DISTRICT.
4. THE SUPERINTENDENT, CENTRAL JAIL, MADURAI.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO THE INSPECTOR OF POLICE, SIPCOT POLICE STATION, TUTICORIN.
ORDER
IN CRL OP(MD) No.13440 of 2024 Date :16/08/2024 PSP/ /SAR /16.08.2024/ 4P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4