S.Rameshkannan v. The 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 1.S.Rameshkannan, 2.K.Saravanan @ Sembattai ... Petitioner/Accused Nos.1&4 Vs The State of Tamilnadu Rep by, the Inspector of Police, Perunazhi Police Station, Ramanathapuram District.
Crime No.56 of 2024.
... Respondent/Complainant For Petitioners : Mr.J.Udhaya Kumar, 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.56 of 2024 on the file of the Respondent Police 1/5
ORDER : The Court made the following order :- The petitioners/A1 & A4, who were arrested and remanded to judicial custody on 17.09.2024 for the offences punishable under Sections 310(4) of BNS and Section 27(1) of Arms Act, 1959, in Crime No.56 of 2024 on the file of the respondent police, seek bail.
2.The case of the prosecution is that the petitioners and the other accused are said to have prepared to commit dacoity in the village festival function. Hence, the complaint.
3.Heard both sides.
4.Considering the nature of the allegations that the petitioners along with the other accused are said to have prepared to commit dacoity, where the police party arrived at the scene, and considering the fact that the petitioners are in jail from 17.09.2024, this Court is inclined to grant bail to the petitioners on certain conditions. 5.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail, on executing a bond for a sum of Rs.10,000/- (Rupees 2/5
Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the Judicial Magistrate Court, Kamuthi, Ramanathapuram District. (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 first petitioner shall report before the respondent police daily at 06.30 p.m and the second 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 petitioners shall not tamper with evidence or witness; iv)the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 (CO ) Madurai Bench of Madras High Court, Madurai - 625 023.
DSS TO
1. The Judicial Magistrate, Kamuthi, Ramanathapuram District.
2. Do-Through The Chief Judicial Magistrate, Ramanathapuram District.
3. The Officer in charge, Sub Jail, Ramanathapuram..
4. The Inspector of Police, Perunazhi Police Station, Ramanathapuram District.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.16687 of 2024 Date :01/10/2024 4/5
RK (01/10/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5