Mahendiran @ Panai v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Mahendiran @ Panai, ... Petitioner/Accused No.11 Vs The State of Tamilnadu, Rep by the Inspector of Police, Dindigul Town South Police Station, Dindigul District.
Crime No.1908 of 2020.
... Respondent/Complainant For Petitioner : M.Suresh, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioner on bail in connection with the S.C.No.125 of 2021 on the file of the learned Additional District and Sessions Court, Dindigul. ORDER : The Court made the following order :- The petitioner/A11, who is facing a case for the offence under Sections 120(B), 147, 1/4
148, 149, 302, 506(ii) of IPC in S.C.No.125 of 2021 on the file of the learned Additional District and Sessions Court, Dindigul, in crime No.1908 of 2020 on the file of the respondent police, seeks bail.
2.The petitioner was absent during the trial in S.C.No.125 of 2021 on the file of the learned Additional District and Sessions Court, Dindigul. Therefore, Non-Bailable Warrant came to be issued on 15.06.2024 and the same was executed on 24.06.2024. From onwards, he is in judicial custody. Hence, the petition.
3. Heard both sides.
4. Considering the fact that in this case, the petitioner was originally granted bail and for the hearing on 15.06.2024, he did not appear, and in execution of the Non-Bailable Warrant, he was arrested on 24.06.2024, this Court is inclined to grant bail to the petitioner subject to the following 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 Additional District and Sessions Court, Dindigul. (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; 2/4
(ii)the petitioner shall report before the trial Court for each and every hearing without fail;
(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 abscond, a fresh FIR can be registered under Section 229A IPC.
sd/- 20/09/2024 / TRUE COPY / 20/09/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
DSS TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, DINDIGUL.
2 THE OFFICER INCHARGE, DISTRICT PRISON, DINDIGUL.
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3 THE INSPECTOR OF POLICE, DINDIGUL TOWN SOUTH POLICE STATION, DINDIGUL DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.15766 of 2024 Date :20/09/2024 SA/SAR. /20.09.2024/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4