P.Vishvaprasath @ Vishva v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY P.Vishvaprasath @ Vishva, ... Petitioner/Sole Accused Vs The State State Rep.by.

The Inspector of Police, Nadukaveri Police Station, Thanjavur District.

Crime No. 360/2024.

... Respondent/Complainant For Petitioner : M/s.Dhilipan Pandian R L, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SECTION 483 OF BNSS PRAYER :- For Bail in Crime No. 360 of 2024 on the file of the respondent police. 1/5

ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 20.07.2024 for the offences punishable under Sections 126(2), 132, 296(b) & 351(2) of BNS Act & Section 25(1A) of Arms Act, 1959, in Crime No.360 of 2024 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the defacto complainant is working as a Supervisor in TASMAC Shop. The petitioner is said to have abused the defacto complainant in filthy language and demanded liquor bottles for free of cost by showing a sword. Hence, the complaint.

3.Heard both sides.

4.Considering the nature of the allegations that the petitioner is addicted to alcohol and does not have money, threatening the Supervisor of the bar to give him alcohol without money and considering the fact that the petitioner is in custody from 20.07.2024 and also considering the argument of the learned counsel for the petitioner that without prejudice to his contentions, he will file an undertaking affidavit that he will take treatment in the De-addiction Ward, Thanjavur Medical College Hospital and co-operate for treatment, this Court is inclined to grant bail to the petitioner on certain conditions.

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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 Judicial Magistrate Court, Thiruvaiyaru, Thanjavur 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) As undertaken, the petitioner shall file an affidavit before the trial Court that he will take treatment in the De-addiction Ward, Thanjavur Medical College Hospital, and co-operate for treatment;

(iii) the concerned Investigating Officer is directed to supervise the visit of the petitioner to the De-addiction Ward, Thanjavur Medical College Hospital; (iv)the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; (v)the petitioner shall not tamper with evidence or witness; vi)the petitioner shall not abscond during trial. vii)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 3/5

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]. viii)If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 06/09/2024 / TRUE COPY / 06 / 09 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO 1 THE JUDICIAL MAGISTRATE COURT THIRUVAIYARU.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, THANJORE DISTRICT AT KUMBAKONAM.

3 THE SUPERINTENDENT, DISTRICT PRISON, THANJAVUR, THANJAVUR DISTRICT.

4 THE INSPECTOR OF POLICE, NADUKAVERI POLICE STATION, THANJAVUR DISTRICT.

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

COPY TO THE OFFICER INCHARGE, DE-ADDICTION WARD, THANJAVUR MEDICAL COLLEGE HOSPITAL.

ORDER

IN CRL OP(MD) No.14943 of 2024 Date :06/09/2024 PSP/ /SAR /06.09.2024/ 5P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5