G.Nagendran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY G.Nagendran, ... Petitioner/Sole Accused Vs The Inspector of Police, Thilagar Thidal Police Station, Madurai District.
Cr.No.330 of 2023.
... Respondent/Complainant For Petitioner : M/s. Dinesh.K, Advocate.
For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR BAIL UNDER SECTION 483 OF BNSS PRAYER :- To enlarge the petitioner on bail in P.R.C.No.16 of 2024 on the file of the Learned Judicial Magistrate court No.II, Madurai in Crime No.330 of 2023 on the file of the respondent police.
ORDER : The Court made the following order :- This Petition is filed to enlarge the petitioner on bail in P.R.C.No.16 of 2024 on the file of the Learned Judicial Magistrate court No.II, Madurai in Crime No.330 of 2023 1/4
on the file of the respondent police.
2. The petitioner/Accused, who was arrested and remanded to judicial custody on 03.08.2024 for the offences punishable under Sections 294(b), 436 and 506(ii) I.P.C, in crime No. 330 of 2023 on the file of the respondent police, seeks bail.
3. Earlier the petitioner was granted bail in Crime No.330 of 2023 and in P.R.C, stage he absconded. After filing charge sheet, as the summon could not be served upon the petitioner, the trial Court, has issued non bailable warrant 04.06.2024, for appearance and he was arrested on 03.08.2024.
4. Heard the learned counsel on either side and perused the material records of the case.
5. Considering the overall facts and circumstances of the case and also considering the fact that the petitioner was arrested after issue of NBW and that he is in jail from 03.08.2024, this is the fit case to enlarge the petitioner on bail with certain conditions.
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.II, Madurai;
(i)the sureties shall affix their photographs and left thumb impression in the 2/4
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 appear before the Judicial Magistrate No.II, Madurai, in P.R.C.No.6 of 2024 and thereafter, he shall appear before the trial on all subsequent hearing without fail;
(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 229A IPC.
sd/- 29/08/2024 / TRUE COPY / / 09 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
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LS TO 1 THE JUDICIAL MAGISTRATE NO.II, MADURAI.
2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3 THE INSPECTOR OF POLICE THILAGAR THIDAL POLICE STATION, MADURAI DISTRICT.
4 THE OFFICER INCHARGE SUB JAIL, THIRUMANGALAM.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.14212 of 2024 Date :29/08/2024 PSP/ /SAR /02.09.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4