Krishna Rao @ Krishna Rao Murugan 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 Krishna Rao @ Krishna Rao Murugan ... Petitioner/Accused No.4 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Kollidam Police Station, Trichy District.

Cr.No.187 of 2024..

... Respondent/Complainant For Petitioner :Mr. N.Ananda Kumar, 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.187 of 2024 on the file of the respondent police. 1/5

ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 07.09.2024 for the offences punishable under Sections 310(2) and 312 of BNS and 25(1)(A) of Arms Act, in crime No. 187 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 threatened the defacto complainant and forcibly taken a sum of Rs.20,000/- and mobile phone. 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 that when the accident occurred, the petitioner and the other accused wielded weapons and at the knife point extracted a sum of Rs.20,000/- and considering the fact that there are no other bad antecedents as against this petitioner and that he is in custody from 07.09.2024, I am inclined to enlarge the petitioner on bail.

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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 District Munsif Cum Judicial Magistrate, Srirengam, Trichy. (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 appear before the respondent Police daily at 10.30 a.m for a period of four 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 3/5

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 (CS- IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO

1. The District Munsif Cum Judicial Magistrate, Srirengam, Trichy.

2. Do-Through The Chief Judicial Magistrate, Trichy District.

3. The Superintendent, Central Prison, Trichy.

4. The Inspector of Police, Kollidam Police Station, Trichy District.

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

+1 CC to M/s.N.ANANDAKUMAR, Advocate ( SR-11646[I] dated 24/09/2024 )

ORDER

IN CRL OP(MD) No.16042 of 2024 Date :24/09/2024 RK (24/09/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5