V.Saravanan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY V.Saravanan, ... Petitioner/Accused No.1 Vs The Inspector of Police, Nadukaveri Police Station, Thanjavur District, Crime No.375/2024.
... Respondent/Complainant For Petitioner : Mr.Dhilipan Pandian R L, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of B.N.S.S. U/s 439 of Cr.P.C. PRAYER :- For Bail in Crime No.375/2024 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 02.08.2024 for the offences punishable under Sections 296(b) and 351(2) BNS, 2023 1/5
and Section 3(1) of Tamil Nadu Property Prevention of Damage and Loss Act, 1992, in crime No. 375 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that due to wordy quarrel between the parties, the petitioner abused the defacto complainant, who is the owner of the hotel, in filthy language and also caused damages to the hotel.
3. Heard the learned counsel on either side and perused the material records of the case.
4. Considering the nature of allegations against the petitioner that he indulged in a quarrel, while having food in the defacto complainant's hotel and damaged the property and considering the fact that he was arrested on 02.08.2024, 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 learned Judicial Magistrate, Thiruvaiyaru, Thanjavur District. 2/5
(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 am for a period of two 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; 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]; 3/5
(vi)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 14/08/2024 / TRUE COPY / 14/08/2024 Sub-Assistant Registrar (PA-I/ AD-I ) Madurai Bench of Madras High Court, Madurai - 625 023.
LS TO
1. THE JUDICIAL MAGISTRATE, THIRUVAIYARU, THANJAVUR DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR @ KUMBAKONAM.
3.THE INSPECTOR OF POLICE, NADUKAVERI POLICE STATION, THANJAVUR DISTRICT, 4 THE OFFICER IN CHARGE, DISTRICT PRISON, THANJAVUR, THANJAVUR DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.R.L.DHILIPAN PANDIAN, Advocate ( SR-9950[I] dated 14/08/2024 ) 4/5
ORDER
IN CRL OP(MD) No.13372 of 2024 Date :14/08/2024 RK/ (14/08/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5