Suriya Prakash v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Suriya Prakash, ... Petitioner/Accused No.1 Vs The State of Tamilnadu, Rep by the Inspector of Police, Thoothukudi South Police Station, Thoothukudi District.

(Crime No. 442/2024).

... Respondent/Complainant For Petitioner : M/s.K. Sheenivasan, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SECTION 483 OF BNSS PRAYER :- For Bail in Crime No. 442 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 09.07.2024 for the offences punishable under Sections 126(2), 296(b), 311 and 351(3) of BNS, 2023 in crime No.442 of 2024 on the file of the respondent police, seeks bail. 1/4

2.The case of the prosecution is that the petitioner herein and other accused waylaid the defacto complainant and robbed a sum of Rs.1,000/- by showing the knife. 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 against the petitioner that the petitioner along with other accused said to have waylaid the defacto complainant and robbed a sum of Rs.1,000/- and considering the fact that the co-accused has already been released on bail and that the petitioner was arrested on 28.08.2024, 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 Judicial Magistrate No.I, Thoothukudi District. (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; (ii)the petitioner shall appear before the respondent Police daily at 10.30 a.m for 2/4

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/- 19/10/2024 / TRUE COPY / 19 / 10 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO 1 THE JUDICIAL MAGISTRATE NO.I, THOOTHUKUDI DISTRICT.

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2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT.

3 THE SUPERINTENDENT, SUB JAIL, PERURANI, TUTICORIN.

4 THE INSPECTOR OF POLICE, THOOTHUKUDI SOUTH POLICE STATION, THOOTHUKUDI DISTRICT.

5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.K.SHEENIVASAN, Advocate ( SR-12764[I] dated 19/10/2024 )

ORDER

IN CRL OP(MD) No.17813 of 2024 Date :19/10/2024 PSP/ /SAR /19.10.2024/ 4P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4