S.Kuttar @ Sathishkumar v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03.10.2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY S.Kuttar @ Sathiskumar ... Petitioner/Accused No.2 Vs The Inspector of Police, Thogur Police Station, Thanjavur District.
CrimeNo.250/2024.
... Respondent/Complainant For Petitioner : Mr.R.L.Dhilipan Pandian Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.250/2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Accused, who is arrested and remanded to judicial custody on 1/5
31.08.2024 for the offence punishable under Sections 331(3) and 305(a) of BNS, in Crime No.250 of 2024 on the file of the respondent police, seek bail. 2.The case of the prosecution is that on 28.08.2024, the petitioner and other accused are said to have broke open the house of the defacto complainant and committed theft of cash of Rs.40,000/-. Hence, the complaint. 3.Heard the learned counsel on either side and perused the material records of the case.
4.Considering the nature of the allegations in the case that the petitioner and the other accused quietly went inside the house of the defacto complainant and decamped with Rs.40,000/- and considering the fact that the petitioner is in judicial custody from 31.08.2024 and that there are no other bad antecedents as against the petitioner, I am inclined to enlarge the petitioner on bail with certain 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 learned Judicial Magistrate, Thiruvaiyaru, Thanjavur District. 2/5
(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 respondent police daily at 10.30 a.m.,for a period of three weeks and thereafter as and when required for interrogation. It is made clear that no relaxation of the condition for the said period will be entertained by this court;
(iii)the petitioner shall also keep the Investigation Officer informed about his day to day work and where he is working and the same shall also be monitored by the Investigation Officer (iv)the petitioner shall not tamper with evidence or witness; (v)the petitioner shall not abscond during trial. (vi)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]. (vii) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 03/10/2024 / TRUE COPY / 03/10/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
JBR TO 1 THE JUDICIAL MAGISTRATE, THIRUVAIYARU, THANJAVUR DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM,.
THE INSPECTOR OF POLICE, THOGUR POLICE STATION, THANJAVUR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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ORDER
IN CRL OP(MD) No.16139 of 2024 Date :03/10/2024 SS/SAR- /03/10/2024/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5