Ganesh v. The State F Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Ganesh ... Petitioner/Accused No.4 Vs The State F Tamilnadu, Rep by the Inspector of Police, Palayamkottai Police Station, Tirunelveli District.

(Crime No.424/2024.) ... Respondent/Complainant For Petitioner :

M/s.K.K.Samy, 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 Crime no.425 of 2024 on the file of the respondent police and pass such other orders as this Hon`ble court may deem fit and proper in the circumstances of the case and thus render justice. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 1/4

06.08.2024 for the offences punishable under Sections 304(2), 112(2) BNS, 2023 in crime No. 425 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner herein and other accused waylaid the defacto complainant and snatched 4 1⁄2 sovereigns of gold Thali chain. 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 allegations against this petitioner that he helped the prime accused for selling the stolen jewels and only considering the fact that there are no other previous antecedents against the petitioner and that he is in custody from 6/8/2024, I am inclined to enlarge the petitioner on bail.

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, Thirunelveli. (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 appear 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]. (vi)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A 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.

TRP To 1.The Judicial Magistrate No.I, Tirunelveli.

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

3.The Inspector of Police, Palayamkottai Police Station, Tirunelveli.

4.The Superintendent, Central Prison, Palayamkottai.

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

ORDER

IN CRL OP(MD) No.15846 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