Uchimahali 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 Uchimahali ... Petitioner/Accused No.3 Vs The Inspector of Police, Cheranmahadevi Police Station, Tirunelveli District, (Crime No.328/2024.) ... Respondent/Complainant For Petitioner :
M/s.Subramanian.A, Advocate.
For Respondent :
Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.328/2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/A3, who was arrested and remanded to judicial custody on 23.07.2024 for the offence punishable under Section 310(4) of BNS, 2023, in Crime 1/4
No.328 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner and the other accused are said to have planned to steal the brandy bottles in TASMAC whop at Pathamadai Main Road, Cheranmahadevi and sell the same for gaining more money. Hence, the complaint.
3.Heard both sides.
4.Considering the nature of allegation and also considering the facts that the petitioner has got no bad antecedent and he is in jail from 23.07.2024, this Court is inclined to grant bail to the petitioner on 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, Cheranmahadevi, Tirunelveli 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 petitioner 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; (iii)the petitioner shall not tamper with evidence or witness; 2/4
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/- 20/08/2024 / TRUE COPY / 20/08/2024 Sub-Assistant Registrar (C.O) Madurai Bench of Madras High Court, Madurai - 625 023.
DSS To 1.The Judicial Magistrate, Cheranmahadevi, Tirunelveli District.
2.Do through the Chief Judicial Magistrate, Tirunelveli District.
3.The Inspector of Police, Cheranmahadevi Police Station, Tirunelveli District.
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4.The Superintendent, Central Prison, Palayamkottai.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.13629 of 2024 Date :20/08/2024 ED/ /SAR- (20/08/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4