Mugesh Sharma v. State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Mugesh Sharma ... Petitioner/A4 Vs State of Tamilnadu, Rep. by The Inspector of Police, Koodalpudur Police Station, Madurai City, (Crime No.429 of 2024).

... Respondent/Complainant For Petitioner : Mr.K.Palmurugan, 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. 429 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/A4, who was arrested and remanded to judicial custody on 1/5

27.08.2024 for the offences under Sections 191(2), 191(3), 333, 296(b) and 351(3) of BNS and Section 3 of TNPPDL Act, 1992 in Crime No.429 of 2024, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that due to previous enmity, on 08.08.2024 at about 11.15 p.m., the petitioner and the other accused person trespassed into the house of the defacto complainant and caused damages to the vehicles and also threatened him with dire consequences.

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

4.Considering the nature of allegations against the petitioner that two groups are in pursuit against each other and in pursuit of one Gowtham, they came to the house of the defacto complainant and shouted and also damaged the vehicle and considering the fact that the petitioner is in custody from 27.08.2024 and some of the accused have also been granted bail, I am inclined to grant bail to the petitioner, subject to the following conditions:

2/5

[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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.IV, Madurai, 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 petitioner shall stay at Nagercoil and report before the Inspector of Police, Kottar Police Station, Nagercoil at 10.30 a.m. for a period of three weeks and thereafter, report before the respondent police as and when required for interrogation.

[d] the petitioner shall not commit any offences of similar nature. [e] the petitioner shall not abscond either during investigation or trial. [f] the petitioner shall not tamper with evidence or witness either during investigation or trial.

3/5

[g] On breach of any of the aforesaid conditions, the learned Judicial 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]. [h] If the accused thereafter absconds, 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.IV, MADURAI.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL JAIL, MADURAI.

4/5

THE INSPECTOR OF POLICE, KOODALPUDUR POLICE STATION, MADURAI CITY, 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO:

THE INSPECTOR OF POLICE, KOTTAR POLICE STATION, NAGERCOIL

ORDER

IN CRL OP(MD) No.16180 of 2024 Date :25/09/2024 SS/SAR- /25/09/2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5