Arunkumar v. State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Arunkumar ... Petitioner/Accused No.1 Vs State of Tamilnadu, Rep by the Inspector of Police, Thanjavur Medical College Police Station, Thanjavur District (Crime No.378 of 2024.) ... Respondent/Complainant For Petitioner :

M/s.Theivasigamani.T, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.378 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 12.09.2024 for the offences punishable under Section 296(b), 115(2), 118(1), 351(3), 1/4

25(1A) of Arms Act, 1959 and 379 IPC in crime No. 378 of 2024 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner herein and other accused have attacked the defacto-complainant and also threatened him with dire consequences. Hence, the case.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent and perused the materials available on record.

4. Considering the nature of allegation that the petitioner herein and other accused attacked the hostel students and that the injured was discharged from the hospital and also considering the fact that the petitioner is in jail from 12.09.2024, 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 No.II, Thanjavur. (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 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; (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 absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 03/10/2024 / TRUE COPY / 03/10/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP To 1.The Judicial Magistrate No.II, Thanjavur.

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2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

3.The Inspector of Police, Thanjavur Medical Collega Police Station, Thanjavur District.

4.The Officer Incharge, Sub Jail, Thanjavur.

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

ORDER

IN CRL OP(MD) No.16807 of 2024 Date :03/10/2024 ED/ /SAR- (03/10/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4