Murugan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11.09.2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Murugan ... Petitioner/Accused No.6 Vs The Inspector of Police, Town Police Station, Pudukottai, Crime No.223/2024.

... Respondent/Complainant For Petitioner : Mr.K.Navaneetharaja, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of B.N.S.S. U/s 439 of Cr.P.C. PRAYER :- For Bail in Crime No.223/2024 on the file of the respondent police 1/5

ORDER : The Court made the following order :- The petitioner/Accused, who is arrested and remanded to judicial custody on 11.08.2024 for the offence punishable under Sections 310(4)of BNS, 4(b) of the Explosives Substances Act and Section 20, 25(1)(a) of Arms Act, in Crime No.223 of 2024 on the file of the respondent police, seek bail. 2.The case of the prosecution is that on 10.08.2024, the respondent police received a secret information. Based on the secret information, they reached the occurrence place and found out that the petitioner and other accused have planned to commit robbery. Hence, the complaint.

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, considering the fact that A1, A2 and A4 are already released on bail by the trial court and considering the fact that there are no bad antecedents against this petitioner and also considering the fact that the petitioner is in judicial custody from 11.08.2024, I am inclined to enlarge the petitioner on bail with certain conditions.

5.Accordingly, this Criminal Original Petition is allowed and the petitioner is 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 Judicial Magistrate No.I, 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 petitioners 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. (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 absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 11/09/2024 / TRUE COPY / 11/09/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

jbr TO

1. The Judicial Magistrate No.I, Pudukottai.

2. Do through:

The Chief Judicial Magistrate, Pudukottai.

3. The Superintendent, Central Prison, Trichy.

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4. The Inspector of Police, Town Police Station, Pudukottai,

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

+1CC to M/s. K.Navaneetha, Advocate (SR-11146[I] dated 11/09/2024) CRL OP(MD) No.15298 of 2024 Date : 11.09.2024 SL(11.09.2024)/ 5P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 5/5