Sabarivasan v. State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Sabarivasan ... Petitioner/Accused No.10 Vs The Inspector of Police, Kumbakonam East Police Station, Thanjavur District.
(Crime No.1982 of 2021).
... Respondent/Complainant For Petitioner :
Dr.R.Alagumani, Advocate.
For Respondent :
Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SEC 483 of BNSS PRAYER :- To release the Petitioner on bail relating to the case in S.C.No.108 of 2024 on the file of the Additional District and Sessions Court (Fast Track Court), Kumbakonam, in Crime No.1982 of 2021 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A10, who is facing a case for the offence under Sections 147, 148, 341 and 307 of IPC @ Sections 147, 148, 341, 307 and 302 r/w 149 of IPC, in S.C.No.108 of 2024 on the file of the Additional District and Sessions Court (Fast Track Court), 1/4
Kumbakonam, in Crime No.1982 of 2021 on the file of the respondent police, seeks bail.
2.The petitioner was absent during the trial in S.C.No.108 of 2024 on the file of the Additional District and Sessions Court (Fast Track Court), Kumbakonam. Therefore, Non-Bailable Warrant came to be issued on 29.07.2024 and the same was executed on 31.07.2024. From onwards, he is in judicial custody. Hence, the petition.
3. Heard both sides.
4. Considering the nature of the allegations that the petitioner, who was earlier granted bail, did not attend the Court on 29.07.2024 and thereafter, he was arrested on 31.07.2024 and considering the fact that the case is pending on account of the fact that some other accused are absconding, this Court is inclined to grant bail to the petitioner subject to the following 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 No.I, Kumbakonam. (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; 2/4
(ii)the petitioner shall report before the trial Court for each and every hearing without fail;
(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]. (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 Madurai Bench of Madras High Court, Madurai - 625 023.
DSS TO 1 THE JUDICIAL MAGISTRATE NO.I KUMBAKONAM.
2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
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3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 4 THE INSPECTOR OF POLICE, KUMBAKONAM EAST POLICE STATION, THANJAVUR DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO THE ADDITIONAL DISTRICT AND SESSIONS JUDGE (FTC), KUMBAKONAM. +1 CC to M/s.DR.R.ALAGUMANI, Advocate ( SR-12026[I] dated 01/10/2024 )
ORDER
IN CRL OP(MD) No.16615 of 2024 Date :01/10/2024 RS//SAR-(01.10.2024) 4P 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4