Ajith v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
1. Ajith
2. Thennarasu ... Petitioners/Accused Rank Not Known Vs The Inspector of Police, Vallam Police Station, Thanjavur District.
Cr.No.200 of 2024.
... Respondent/Complainant For Petitioners : Mr.L.Prabakaran, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SECTION 483 OF BNSS PRAYER :- For bail in Crime No.200 of 2024 on the file of the respondent police. 1/5
ORDER : The Court made the following order :- The petitioners/Accused, who were arrested and remanded to judicial custody on 13.05.2024 for the offences punishable under Sections 147, 148, 120B, 109, 341, 427, 294 (b), 307 & 302 of IPC, in crime No.200 of 2024, on the file of the respondent police, seeks bail.
2.The case of the prosecution is that due to previous motive, the petitioners assaulted the deceased, namely, Appu @ Hariharan, vinoth and the defacto complainant and also threatened them. Hence, the complaint. 3.Heard the learned counsel on either side and perused the material records of the case.
4.Considering the nature of allegations that A-1 hired these hirelings and committed the murder and the petitioners, being the hirelings, are in prison from 13.05.2024 and also considering the fact that the investigation being completed and the charge sheet is taken on file as PRC NO.24 of 2024, I am inclined to enlarge the petitioners on bail with certain conditions.
5. Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail, on executing a bond for a sum of Rs.25,000/- 2/5
(Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Thanjavur. [a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity. [b] the petitioner shall report before the trial Court on all hearing dates without fail.
[c] the petitioners except the date of hearings in the trial Court, they shall stay at Namakkal and shall appear before the Inspector of Police, Puduchatram Police Station, Namakkal, daily at 10.30 am, for a period of eight weeks and thereafter, as and when required for interrogation.
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioners shall not abscond either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 09/09/2024 / TRUE COPY / 09 / 09 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
JBR TO 1 THE JUDICIAL MAGISTRATE NO.II, THANJAVUR DISTRICT.
2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3 THE INSPECTOR OF POLICE, VALLAM POLICE STATION, THANJAVUR DISTRICT.
4 THE SUPERINTENDENT CENTRAL PRISON SALEM.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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COPY TO THE INPSPECTOR OF POLICE PUDUCHATRAM POLICE STATION, NAMAKKAL, +1 CC to M/s.L.PRABAKARAN, Advocate ( SR-11069[I] dated 09/09/2024 )
ORDER
IN CRL OP(MD) No.15076 of 2024 Date :09/09/2024 PSP/ /SAR /09.09.2024/ 5P/ 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5