Karnakaran (Kolaru) 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 Karnakaran (Kolaru), ... Petitioner/Accused No.9 Vs The State of Tamil Nadu Rep By, The Inspector of Police, Perunali Police Station, Perunali, Ramanathapuram District.

Cr.No.56 of 2024..

... Respondent/Complainant For Petitioner : Mr.M.Kaliraj, 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 petitioner/A9, who was 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 petitioner 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 petitioner 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 petitioner is in jail from 17.09.2024, 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, Kamuthi.

(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, Kamuthi.

2. Do-Through The Chief Judicial Magistrate, Ramanathapuram District.

3. The Superintendent, Central Prison, Madurai..

4. The Inspector of Police, Perunali Police Station,Perunali, Ramanathapuram District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M.KALIRAJ, Advocate ( SR-11974[I] dated 01/10/2024 ) 4/5

ORDER

IN CRL OP(MD) No.16722 of 2024 Date :01/10/2024 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