R.Rajkumar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

1. R.Rajkumar,

2. J.Surya, ... Petitioners/A1 & A2 Vs The State of Tamil Nadu, Rep By the Inspector of Police, Kallaperambur Police Station, Thanjavur District, Cr.No.185/2024.

... Respondent/Complainant For Petitioner : Mr.Dhilipan Pandian R L, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS/439 of Cr.P.C. PRAYER :- For Bail in Crime No.185 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners/A1 & A2, who were arrested and remanded to judicial custody on 06.09.2024 for the offences under Sections 296(b) of BNS Act and Section 25(1A) of 1/4

Arms Act, 1959 in Crime No.185 of 2024 on the file of the respondent police, seek bail. 2.The case of the prosecution is that the petitioners and the other accused were found in possession of deadly weapons to threaten the general public for the purpose of demanding money.

3.Heard. Perused the materials available on record including the First Information Report.

4.Considering the nature of allegations against the petitioners that the petitioners along with the other accused wielded weapons in the public place and were found to be threatening the public when the police party arrived at the scene and considering the fact that the petitioners were arrested on 06.09.2024, I am inclined to enlarge the petitioners on bail, subject to the following conditions: [a] Accordingly, the petitioners are ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate Court No.II, Thanjavur, Thanjavur District, and on further conditions that: [b] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity.

[c] the petitioners shall report before the respondent police daily at 10.30 a.m. for a 2/4

period of two weeks and thereafter, as and when required for interrogation. [d] the petitioners shall not commit any offences of similar nature. [e] the petitioners shall not abscond either during investigation or trial. [f] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[g] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. [h] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 25/09/2024 / TRUE COPY / 25/09/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1 THE JUDICIAL MAGISTRATE NO.II, THANJAVUR, THANJAVUR DISTRICT.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE OFFICER INCHARGE, DISTRICT PRISON, THANJAVUR, THANJAVUR DISTRICT. 4 THE INSPECTOR OF POLICE, KALLAPERAMBUR POLICE STATION, THANJAVUR DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.16115 of 2024 Date :25/09/2024 SA/SAR. /25.09.2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4