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Madras High CourtCRL OP(MD)/14428/2024allowed

Arumainathan @ Arun v. The Inspector Of Police

2024-08-30Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Arumainathan @ Arun .. Petitioner/Accused No.1 Vs The Inspector of Police, Thirugokarnam Police Station, Pudukkottai District.

(Crime No.286 of 2024.) ... Respondent/Complainant For Petitioner :

M/s. Rameshkumar.D, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime no.286 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 20.08.2024 for the offences punishable under Sections 20 and 25(1)(a) of Arms Act, in 1/4

Crime No.286 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that when the respondent police were on patrol duty, they found that the petitioner and another threatened the public by showing the sword. Hence, the complaint.

3.Heard both sides.

4.Considering the nature of the allegations in this case and also considering the fact that the petitioner is in jail from 20.08.2024, 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 No.II, Pudukkottai. (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; iv)the petitioner shall not abscond during trial. 2/4

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/- 30/08/2024 / TRUE COPY / 30/08/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS To 1.The Judicial Magistrate No.II, Pudukkottai.

2.Do through the Chief Judicial Magistrate, Pudukkottai District.

3.The Inspector of Police, Thirugokarnam Police Station, Pudukkottai District.

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4.The Section Officer, District Prison, Pudukkottai.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.14428 of 2024 Date :30/08/2024 ED/ /SAR- (30/08/2024) 4P / 6 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4