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Madras High CourtCRL OP(MD)/14823/2024allowed

Ananth @ Amaran Ananth v. The Inspector Of Police

2024-09-04Honourable Mr Justice D.Bharatha Chakravarthy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Ananth @ Amaran Ananth, ... Petitioner/Accused No.2 Vs The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

Crime No. 442/2021.

... Respondent/Complainant For Petitioner : M/s. Krishnaveni.P, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioner herein on bail in connection with the case in S.C.No.106 of 2022 before the learned Principal Sessions Judge, Sivagangai, in Crime No. 442 of 2021 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/A2, who is facing a case for the offence under Sections 147, 148, 149, 114, 294(b), 342, 323, 506(ii) and 302 of IPC, in S.C.No.106 of 2022 before the 1/5

learned Principal Sessions Judge, Sivagangai, in Crime No. 442 of 2021 on the file of the respondent police, seeks bail.

2.The petitioner was absent during the trial in S.C.No.106 of 2022 before the learned Principal Sessions Judge, Sivagangai. Therefore, Non-Bailable Warrant came to be issued on 23.07.2024 and the same was executed on 05.08.2024 and from onwards, he is in judicial custody.

3.Heard both sides.

4. Considering the fact that the petitioner was earlier granted bail and he did not attend court for the hearing on 23.07.2024 and thereafter, he was arrested on 05.08.2024 and considering the fact that the petitioner is a resident of Vaigaikudi, Devakottai Taluk, and considering the argument of the learned counsel for the petitioner that the petitioner will attend Court for all hearings hereafter without fail, this Court is inclined to grant bail to the petitioner subject to the following conditions:

5.Accordingly, this Criminal Original Petition is allowed and the petitioner is 2/5

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 Principal Sessions Judge, Sivagangai. (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 appear before the trial Court for each and every 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]; 3/5

vi)If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC;

sd/- 04/09/2024 / TRUE COPY / 04/09/2024 Sub-Assistant Registrar (CO) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO 1 THE PRINCIPAL SESSIONS JUDGE SIVAGANGAI.

2 THE INSPECTOR OF POLICE SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI DISTRICT.

3 THE OFFICER INCHARGE, DISTRICT JAIL, RAMANATHAPURAM..

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.P.KRISHNAVENI, Advocate ( SR-10849[I] dated 04/09/2024 ) 4/5

ORDER

IN CRL OP(MD) No.14823 of 2024 Date :04/09/2024 SS/SAR- /04/09/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5