Senthil @ Senthilkumar v. The 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 Senthil @ Senthilkumar, ... Petitioner/Accused No.1 Vs The State of Tamilnadu, Rep. by the Inspector of Police, Manikandam Police Station, Trichy District (Crime No. 133 of 2024).

... Respondent/Complainant For Petitioner : Mr.M.Rajarajan, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 133 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 1/4

14.09.2024 for the offences punishable under Sections 191(2), 191(3), 296(b), 351(3) of BNS and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act and Section 25(1B) (a) of Arms Act in crime No. 133 of 2024 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that due previous motive, 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 allegations that the petitioner herein threatened the defacto complainant and that he is in custody from 14.09.2024, 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 Principal District and Sessions Judge, Trichy. (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 2/4

card or Bank Pass Book to ensure their identity; (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 PRINCIPAL DISTRICT AND SESSIONS JUDGE, TRICHY.

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THE SUPERINTENDENT, CENTRAL JAIL, TRICHY.

THE INSPECTOR OF POLICE, MANIKANDAM POLICE STATION, TRICHY DISTRICT THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.M.RAJARAJAN, Advocate ( SR-12076[I] dated 03/10/2024 )

ORDER

IN CRL OP(MD) No.16848 of 2024 Date :03/10/2024 SS/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