Manimurugan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Manimurugan, ... Petitioner/Accused 4 Vs
1. The State of Tamil Nadu, Rep by the Inspector of Police, Town Police Station, Aruppukottai, Virudhunagar District.
Crime No. 232/2024.
... 1st Respondent/Complainant
2. Baskaran, ... 2nd Respondent/De-facto Complainant For Petitioner : Mr.C.M.Mari Chelliah Prabhu, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor For Intervenor : M/s.A.Dharani, Advocate PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 232 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 1/5
17.09.2024 for the offences punishable under Sections 109, 309(4), 351(3) and 49 of BNS, 2023 in crime No. 232 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 waylaid the defacto complainant and attacked him with knife and also snatched the gold jewels. 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 in this case that the petitioner herein engaged hirelings and attacked the defacto complainant, who said to be an advocate and the injured has since been discharged from the hospital and that the petitioner being in prison from 17/9/2024, I am inclined to enlarge the petitioner on bail. However, since the situation is said to be tensed in the local area the petitioner shall stay away.
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, Aruppukkotttai.
(i)the sureties shall affix their photographs and left thumb impression in the 2/5
surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii)the petitioner shall stay at Chennai and appear before the Flower Bazaar Police Station, daily at 10.30 a.m for a period of four weeks and thereafter, as and when required for interrogation before the respondent Police; (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/- 19/10/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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TRP TO 1 THE JUDICIAL MAGISTRATE, ARUPPUKKOTTAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE, TOWN POLICE STATION, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT.
4 THE OFFICER INCHARGE, SUB JAIL, ARUPPUKKOTTAI.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE INSPECTOR OF POLICE, FLOWER BAZAAR POLICE STATION, CHENNAI.
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+1 CC to M/s.C.M.MARI CHELLIAH PRABHU, Advocate ( SR-12757[I] dated 19/10/2024 )
ORDER
IN CRL OP(MD) No.17920 of 2024 Date :19/10/2024 SA/SAR. /19.10.2024/5P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5