Saravanan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
1. Saravanan,
2. Thekkamalai ... Petitioners/Accused Nos.1 and 2 Vs The Inspector of Police, Illupur Police Station, Pudukkottai District.
(Crime No.182/2024).
... Respondent/Complainant For Petitioners : Mr.S.Sathyachidambaram, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.182/2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners /Accused, who were arrested and remanded to judicial 1/5
custody on 24.07.2024 for the offences punishable under Section 105 BNS, 2023 and Sections 25(1B) (e) and 27(3) of Arms Act, 1952, in crime No.182 of 2024 on the file of the respondent police, seek bail.
2.The case of the prosecution is that the accused were welding their gun in a lathe, accidently, the gun fired and the deceased sustained injury.
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 nature of allegations that while repairing the gun which was used for hunting an accidently, it got fired and considering the fact that there was no proper license for the gun and considering the allegations against the petitioners, I am inclined to enlarge the petitioners on certain conditions. 5.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the 2/5
satisfaction of the learned (*)District Munsif-Cum-Judicial Magistrate, Iluppur, Pudukkottai 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; (ii)the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of three 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 petitioners shall not tamper with evidence or witness; iv)the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail 3/5
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/- 28/08/2024 (*)For amended as per Order of this Hon'ble Court dt.30/08/2024 in Crl.OP(MD).
13203/2024.
/ TRUE COPY / 30/08/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
LS TO TO BE SUBSTITUTED WITH THE ORDER DT.28/08/2024 ALREADY DESPATCHED 1 THE JUDICIAL MAGISTRATE PATTUKKOTTAI, THANJAVUR DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3 THE DISTRICT MUNSIF-CUM-JUDICIAL MAGISTRATE, ILUPPUR, PUDUKKOTTAI DISTRICT.
4 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI. 4/5
5 THE INSPECTOR OF POLICE ILLUPUR POLICE STATION, PUDUKKOTTAI DISTRICT. 6 THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKKOTTAI.
7 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.13203 of 2024 Date :28/08/2024 SS/SAR- /28/08/2024/5P/6C TRP SA/SAR. /30.08.2024/5P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5