Irulraj v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Irulraj ... Petitioner/Accused No.2 Vs The State of Tamilnadu, Rep. by the Inspector of Police, Koodalpudur Police Station, Madurai City.
(Crime No.429/2024)..
... Respondent/Complainant For Petitioner :Mr. PNSSM.Ammaar, 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.429/2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody 1/5
on 09.08.2024 for the offences punishable under Sections 191(2), 191(3), 333, 296(b), 351(3) of BNS Act, 2023 and Section 3 of TNPPDL Act, 1992 in crime No.429 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that due to previous motive, the petitioner herein and other accused trespassed into the house of the defacto complainant and caused damages to the vehicles and also threatened him with dire consequences. Hence, the case.
3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent and perused the materials available on record.
4. Considering the nature of antecedents against the petitioner and the fact that two groups are in pursuit against each other, only considering the nature of allegations in present case, I am inclined to enlarge the petitioner on bail. However, considering the motive between the two groups, the petitioner can stay away.
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.IV, Madurai.
(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 stay at Villupuram and report before the Villupuram Town Police Station daily at 10.30 a.m for a period of three weeks and thereafter, as and when required for interrogation before the respondent Police. (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 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]. (vi)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 18/09/2024 / TRUE COPY / 18/09/2024 Sub-Assistant Registrar (CS-I ) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO
1. The Judicial Magistrate No.IV, Madurai.
2. Do-Through The Chief Judicial Magistrate, Madurai District.
3. The Officer in charge, Sub Jail, Thirumangalam.
4. The Inspector of Police, Koodalpudur Police Station, Madurai City.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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Copy to The Inspector of Police, Villupuram Town Police Station, Villupuram. +1 CC to M/s.PNSSM.AMMAAR, Advocate ( SR-11377[I] dated 18/09/2024 )
ORDER
IN CRL OP(MD) No.15345 of 2024 Date :18/09/2024 RK (18/09/2024) 5P / 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5