Ramaiah @ Ramesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Ramaiah @ Ramesh ... Petitioner/Accused No.1 Vs The Inspector of Police, Nanguneri Police Station, Tirunelveli District.

(Crime No.69/2020).

... Respondent/Complainant For Petitioner :

Mr.M.S.Jeyakarthik, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.69/2020 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 25.04.2024 for the offences punishable under Sections 302 I.P.C @ Sections 302, 120(b), 109 and 450 I.P.C @ Sections 120(b),302, 450 and 341 I.P.C, in crime No.69/2020, on the file of the respondent police, seeks bail.

2. Earlier the petitioner was granted bail in Crime No.69 of 2020 and in S.C, 1/4

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 10.04.2023, for appearance and he was arrested on 25.04.2024.

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 only because the petitioner was arrested in the other cases, he could not appear in this case and considering the fact that he was already granted bail in the present case is concerned and that after arrest on execution of NBW, the petitioner is in jail from 25.04.2024, 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned I Additional District and Sessions Judge, Tirunelveli; (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 trial Court on every hearing date 2/4

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/- 02/09/2024 / TRUE COPY / 02/09/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

LS To 1.The I Additional District and Sessions Judge, Tirunelveli.

2.The Inspector of Police, Nanguneri Police Station, Tirunelveli District. 3/4

3.The Officer Incharge, District Jail, Perurani, Tuticorin District.

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

+1 CC to M/s.M.S.JEYAKARTHIK, Advocate ( SR-10730[I] dated 02/09/2024 )

ORDER

IN CRL OP(MD) No.14509 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