Ayyanar v. State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Ayyanar ... Petitioner/Sole Accused Vs State of Tamilnadu, Rep. By, the Inspector of Police, Vasudevanallur Police Station, Tenkasi District.
(In Cr.No.163/2024.) ... Respondent/Complainant For Petitioner :
M/s. Venkatesh.C, Advocate.
For Respondent :
Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.163/2024 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 21.07.2024 for the offences punishable under Section 296(b), 118(1), 109(1) and 351(3) BNS, 2023, in crime No.163 of 2024 on the file of the respondent police, seeks 1/4
bail.
2. The case of the prosecution is that due to previous motive, the petitioner had abused the son of the defacto complainant and also attacked him with Aruval. Hence, the complaint.
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 against the petitioner and considering the fact that the petitioner is in jail from 21.07.2024 and the injured was discharged from the hospital, 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 cum Additional Munsif Court, Sivagiri, Tenkasi 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. It 2/4
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]. (vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 02/09/2024 / TRUE COPY / 02/09/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
LS To 1.The Judicial Magistrate cum Additional Munsif, Sivagiri, Tenkasi District.
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2.Do through the Chief Judicial Magistrate, Tirunelveli District.
3.The Inspector of Police, Vasudevanallur Police Station, Tenkasi District.
4.The Superintendent, Central Prison, Palayamkottai, Tirunelveli District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.14540 of 2024 Date :02/09/2024 ED/ /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