Arunkumar @ Pura Arun v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Arunkumar @ Pura Arun ... Petitioner/Accused No.2 Vs The State of Tamil Nadu Rep. by Its, Inspector of Police, Ganesh Nagar Police Station, Pudukottai District.
(Crime No. 279/2024).
... Respondent/Complainant For Petitioner :Mr. G.Mathavan, 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. 279 of 2024 on the file of the respondent police. 1/5
ORDER : The Court made the following order :- The petitioner/A2, who was arrested and remanded to judicial custody on 21.09.2024 for the offences punishable under Sections 20 and 25(1A) of Arms Act, 1959, in crime No.279 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner and the other accused were found to be in possession of dangerous weapons and were creating ruckus in public. Hence, the complaint.
3.Heard both sides.
4.Considering the nature of the allegations that the petitioner, along with the other accused, wielded the dangerous weapons in public and created ruckus when the police party arrived at the scene and considering the fact that the petitioner had three previous cases in which, he was already acquitted and the fact that he is in prison from 21.09.2024, this Court is inclined to grant bail to the petitioner on 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 2/5
Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Pudukottai. (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; (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 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]. 3/5
vi)If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
sd/- 01/10/2024 / TRUE COPY / 01/10/2024 Sub-Assistant Registrar (CO ) Madurai Bench of Madras High Court, Madurai - 625 023.
DSS TO
1. The Judicial Magistrate No.I, Pudukottai.
2. Do-Through The Chief Judicial Magistrate, Pudukottai District.
3. The Officer in charge, District Prison, Pudukottai..
4. The Inspector of Police, Ganesh Nagar Police Station, Pudukottai District.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.G.MATHAVAN, Advocate ( SR-12002[I] dated 01/10/2024 )
ORDER
IN CRL OP(MD) No.16626 of 2024 Date :01/10/2024 4/5
RK (01/10/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5