Udhaya @ Udhayakumar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Udhaya @ Udhayakumar ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep By,The Inspector of Police, Dindigul Taluk Police Station, Dindigul District.

(Crime No.512/2024.) ... Respondent/Complainant For Petitioner :

M/s.R. Muthukumaran, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.512 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 15.09.2024 for the offence punishable under Section 309(4) of BNS, in Crime No.512 of 2024 on the file of the respondent police, seeks bail. 1/4

2.The case of the prosecution is that the petitioner is said to have snatched a sum of Rs.500/- from the defacto complainant by showing broken beer bottle. Hence, the complaint.

3.Heard both sides.

4.Considering the nature of the allegations in this case that the petitioner said to have committed robbery of Rs.500/- and considering the fact that he is in prison from 15.09.2024 and also considering the argument of the learned counsel for the petitioner that merely because the petitioner was involved in previous cases, this case is also being registered against him and considering the averment in the FIR that the complainant is naming the petitioner by stating that he ascertained the name and identity thereafter, 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 Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate-I, Dindigul.

(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 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 abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 17/10/2024 / TRUE COPY / 17/10/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS To 1.The Judicial Magistrate No.I, Dindigul.

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2.Do through the Chief Judicial Magistrate, Dindigul District.

3.The Inspector of Police, Dindigul Taluk Police Station, Dindigul District.

4.The Officer Incharge, District Jail, Dindigul.

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

ORDER

IN CRL OP(MD) No.17567 of 2024 Date :17/10/2024 ED/ /SAR- (17/10/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4