Aravind v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Aravind ... Petitioner/Accused No.1 Vs The Sub-Inspector of Police, Keelarajakularaman Police Station, Virudhunagar District.
(Crime No.151 of 2024) ... Respondent/Complainant For Petitioner :
M/s.R.Ilayaraja, Advocate.
For Respondent :
Mr.R.M.Anbunithi, Additional Public Prosecutor For intervenor :
Mr.R.Mohanasundaram, Advocate PETITION FOR BAIL UNDER SEC 483 of BNSS PRAYER :- For Bail in Crime No.151 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 30.08.2024 for the offences punishable under Sections 326(g) of BNS, 2023 and Section 4 of Tamil Nadu Public Property (Pri vate of Damage and Loss) Act, 1992 in Crime No.151 of 2024 on the file of the respondent police, seeks bail. 1/4
2.The case of the prosecution is that due to previous motive, the petitioner herein and other accused had set fire on the godown belonging to the defacto complainant. Hence the case.
3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent and the intervenor and perused the materials available on record.
4. Considering the nature of allegations that the petitioner set fire to the godown and caused loss to the tune of Rs.5,00,000/- and considering the argumemnt of the learned counsel for the petitiioner that to show his bonafide, the petitioner is ready and willing to deposit a sum of Rs.25,000/- to the credit of the crime number, 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, Rajapalayam.
(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) As per the undertaken, the petitioner shall deposit a sum of Rs.25,000/- 2/4
(Rupees Twenty Five Thousand only) to the credit of Crime No.151 of 2024, before the Court concerned, without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the concerned Court while executing sureties;
(iii) 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; (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 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 229-A IPC.
sd/- 26/09/2024 / TRUE COPY / 26/09/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
TRP 3/4
TO 1 THE JUDICIAL MAGISTRATE, RAJAPALAYAM.
2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTTUR.
3 THE OFFICER INCHARGE, DISTRICT JAIL, VIRUDHUNAGAR DISTRICT. 4 THE SUB-INSPECTOR OF POLICE, KEELARAJAKULARAMAN POLICE STATION, VIRUDHUNAGAR DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.R.ILAYARAJA, Advocate ( SR-11777[I] dated 26/09/2024 )
ORDER
IN CRL OP(MD) No.16225 of 2024 Date :26/09/2024 RS//SAR-(26.09.2024) 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4