Mukesh @ Mooli v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Mukesh @ Mooli, ... Petitioner/Accused 3 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Chinnamanur Police Station, Theni District.

Crime No. 379/2024.

... Respondent/Complainant For Petitioner : M/s.Jeyasankar.P, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.379 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/A3, who was arrested and remanded to judicial custody on 24.09.2024 for the offences under Section 326(g) of BNS and Section 3 of Explosive 1/4

Substance Act @ Sections 61, 326(g) and 248 of BNS and Sections 3 and 6 of Explosive Act, in Crime No.379 of 2024, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that due to inter party enmity, at the instigation of A1, who is the District Secretary of Political Party, the petitioner and other accused are said to have thrown the petrol bombs on the residence of the defacto complainant. Thereby caused damage to the house.

3.Heard. Perused the materials available on record including the First Information Report.

4.Considering the nature of the allegations that the petitioners are said to have set it up as if they were attacked by a petrol bomb and that it was a false complaint to implicate the others and considering the fact that the petitioner is in prison from 24.09.2024, I am inclined to enlarge the petitioner on bail, subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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, Uthamapalayam, Theni District, and on further conditions that: [b] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass 2/4

Book to ensure their identity.

[c] the petitioner shall report before the respondent police daily at 10.30 A.M., for a period of two weeks and thereafter, as and when required for interrogation. [d] the petitioner shall not commit any offences of similar nature. [e] the petitioner shall not abscond either during investigation or trial. [f] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[g] On breach of any of the aforesaid conditions, the learned Judicial 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]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 18/10/2024 / TRUE COPY / 18/10/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

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SJI TO 1 THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM, THENI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3 THE OFFICER INCHARGE, DISTRICT JAIL, THENI.

4 THE INSPECTOR OF POLICE, CHINNAMANUR POLICE STATION, THENI DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.17807 of 2024 Date :18/10/2024 SA/SAR. /18.10.2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4