Sakthivel v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/10/2024 PRESENT The Hon`ble Mr.Justice K. RAJASEKAR Sakthivel ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep by the Inspector of Police, Kollidam Police Station, Trichy, Trichy District.
(Crime No. 205/2024.) ... Respondent/Complainant For Petitioner :
Mr.A.Joel Paul Antony, Advocate.
For Respondent :
Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.205 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested and remanded to judicial custody on 28.09.2024 for the offence punishable under Section 309(4),311 and 351(3) of BNS, in Crime No.205 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 27.09.2024 at about 10.30 p.m., the 1/4
petitioner threatened the defacto complainant and had taken a sum of Rs.3000/- from him, hence the complaint.
3. The learned Additional Public Prosecutor would submit he has no instructions.
4. However in the lower court order it has been stated that the petitioner is not having previous cases.
5. The learned counsel appearing for the petitioner admitted that the petitioner is having yet another case and both the case was registered on the same day since he had quarreled with the local police.
6. Considering the facts and circumstances of the case and also taking into consideration the period of incarceration this Court is inclined to grant bail to the petitioner on certain conditions.
7.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.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Srirangam, Tiruchirapalli. (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 learned District Munsif cum Judicial Magistrate, Srirangam, Tiruchirapalli daily at 10.30 a.m., until further orders. (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/- 09/10/2024 / TRUE COPY / 09/10/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
AAV To 1.The District Munsif cum Judicial Magistrate, Srirangam, Tiruchirapalli.
3/4
2.Do through the Chief Judicial Magistrate, Tiruchirapalli District.
3.The Inspector of Police, Kollidam Police Station, Trichy, Trichy District.
4.The Superintendent, Central Prison, Trichy.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.A.JOEL PAUL ANTONY, Advocate ( SR-12341[I] dated 09/10/2024 )
ORDER
IN CRL OP(MD) No.17388 of 2024 Date :09/10/2024 ED/ /SAR- (09/10/2024) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4