Rajesh v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Rajesh ... Petitioner/Accused No.1 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Tallakulam (L and O) Police Station, Madurai City, Madurai District.

(Crime No. 726/2018.) ... Respondent/Complainant For Petitioner :

M/s.A.Balaji, 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 PRC.No. 151 of 2022 on the file of the learned Judicial Magistrate No.II, Madurai in connection with the Crime No. 726 of 2018 on the file of the respondent police. 1/4

ORDER : The Court made the following order :- The petitioner/A1, who is facing a case for the offence under Sections 341, 392, 397 and 506(ii) of IPC in PRC.No. 151 of 2022 on the file of the learned Judicial Magistrate No.II, Madurai, in crime No.726 of 2018 on the file of the respondent police, seeks bail.

2.The petitioner was absent during the trial in PRC.No. 151 of 2022 on the file of the learned Judicial Magistrate No.II, Madurai. Therefore, Non-Bailable Warrant came to be issued on 26.09.2022 and the same was executed on 18.08.2024. From onwards, he is in judicial custody.

3. Heard both sides.

4. Considering the fact that the petitioner is said to have jumped bail and a non-bailable warrant was issued and he is in custody from 18.08.2024 and also considering the fact that the petitioner subsequently, appears in connection with 302 IPC case, 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 Judicial Magistrate No.II, Madurai.

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(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 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/- 24/09/2024 / TRUE COPY / 24/09/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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DSS To 1.The Judicial Magistrate No.II, Madurai.

2.Do through the Chief Judicial Magistrate, Madurai District.

3.The Inspector of Police, Tallakulam (L&O) Police Station, Madurai City, Madurai District.

4.The Superintendent, Central Prison, Madurai.

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

ORDER

IN CRL OP(MD) No.15833 of 2024 Date :24/09/2024 ED/ /SAR- (24/09/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4