Murugaperumal v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11.09.2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Murugaperumal ... Petitioner/Sole Accused Vs The Inspector of Police, Thoothukudi South Police Station, Thoothukudi, Crime No.421/2024.
... Respondent/Complainant For Petitioner : Mr.M.Mano Kumar Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.421/2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Accused, who is arrested and remanded to judicial custody on 1/5
18.08.2024 for the offence punishable under Section 3 of the TNPPTL Act, in Crime No.421 of 2024 on the file of the respondent police, seek bail. 2.The case of the prosecution is that due to wordy quarrel between the petitioner and the driver of the State Transport Corporation, the petitioner threw stones on the bus and damaged the windshield of the bus. 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 by parking his bike in the middle of the road and developing a conflict with the driver of the State Transport Corporation bus and thereafter damaging the windshield of the bus by throwing stones and considering the fact that the petitioner is in judicial custody from 18.08.2024 and also considering the arguments made by the learned Counsel for the petitioner to show his bonafide, the petitioner is ready to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), 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.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Thoothukudi. 2/5
(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 deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the credit of Crime No.421 of 2024 before the Judicial Magistrate No.I, Thoothukudi, without prejudice to his rights and contentions before the trial Court within a period of four weeks from the date of receipt of a copy of this order and produce the receipt/acknowledgment before the concerned Court while executing sureties. Only upon deposit, the petitioner shall be enlarged on bail. (ii)The petitioners 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. (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/- 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, THOOTHUKUDI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI.
3 THE OFFICER INCHARGE, SUB JAIL, SRIVAIKUNDAM, THOOTHUKUDI DISTRICT. 4 THE INSPECTOR OF POLICE, THOOTHUKUDI SOUTH POLICE STATION, THOOTHUKUDI.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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ORDER
IN CRL OP(MD) No.15328 of 2024 Date :11/09/2024 SA/SAR. /11.09.2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5