Kuppusamy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Kuppusamy ... Petitioner/Accused No.22 Vs.
The Inspector of Police, Mudukulathur Police Station, Ramanathapuram District.
(Crime No.512 of 1992.) ... Respondent/Complainant For Petitioner :
Mr.V.Muthu Kamatchi, Advocate.
For Respondent :
Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioner on bail in connection with P.R.C.No.19 of 1996 on the file of the Judicial Magistrate, Mudukulathur, Ramanathapuram District in Crime No.512 of 1992.
ORDER : The Court made the following order :- This Petition is filed to enlarge the petitioner on bail in connection with P.R.C.No.19 of 1996 on the file of the Judicial Magistrate, Mudukulathur, Ramanathapuram District in Crime No.512 of 1992.
2. The petitioner, who was arrested and remanded to judicial custody on 1/4
08.08.2024 for the offences punishable under Sections 147, 148, 341, 336, 427, 307 r/w. Section 109 I.P.C, in P.R.C.No.19 of 1996 in crime No.512 of 1992 on the file of the respondent police, seeks bail.
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 is now arrested on execution of the non bailable warrant and that even though the case was an old case, the petitioner was working in Abroad and returned to India only on 30.07.2024 and considering the undertaking given by the learned counsel for the petitioner that the petitioner will surrender the passport and stay in India and co-operate to complete the case, I am inclined to enlarge the petitioner on bail on the following 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, Mudukulathur, Ramanathapuram 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; 2/4
(ii) the petitioner shall surrender his passport bearing No.Y2699393 before the trial Court. Only upon surrender the passport, the petitioner shall be enlarged on bail;
(iii)the petitioner shall appear before the trial Court on every hearing without fail;
(iv)the petitioner shall not tamper with evidence or witness; v)the petitioner shall not abscond during trial. vi)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]. (vii) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 20/08/2024 / TRUE COPY / 20/08/2024 Sub-Assistant Registrar (C.O) Madurai Bench of Madras High Court, Madurai - 625 023.
LS 3/4
To 1.The Judicial Magistrate, Mudukulathur, Ramanathapuram District.
2.Do through the Chief Judicial Magistrate, Ramanathapuram District.
3.The Inspector of Police, Mudukulathur Police Station, Ramanathapuram District.
4.The Officer Incharge, Sub Jail, Mudukulathur, Ramanathapuram District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.V.MUTHUKAMATCHI, Advocate ( SR-10157[I] dated 20/08/2024 )
ORDER
IN CRL OP(MD) No.13621 of 2024 Date :20/08/2024 ED/ /SAR- (20/08/2024) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4