Vasanthakumar @ Vasanth v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21.10.2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

1. Vasanthakumar @ Vasanth

2. Sanjaykumar ... Petitioners/Accused Rank Nos.2 & 3 Vs The Inspector of Police, Koodal Pudur Police Station, Madurai City.

Crime No.671 of 2024.

... Respondent/Complainant For Petitioners :

Mr.V.Selvakumar, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SEC 483 of BNSS PRAYER :- For bail in Crime No.671 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners/Accused, who were arrested and remanded to judicial custody on 04.10.2024 for the offences punishable under Sections 3 of Tamil Nadu Public Property (Prevention of Damage & Loss) Act, 1992, in crime No.671 of 2024, on the file of the respondent police, seek bail.

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2.The case of the prosecution is that petitioners in an inebriated condition damaged the windshield of the car and the windows of the Primary Health Center. Hence, the complaint.

3.Heard the learned counsel on either side and perused the material records of the case.

4.Considering the nature of allegation in this case that the petitioners in an inebriated condition damaged the windshield of the car and the windows of the Primary Health Center, I am inclined to enlarge the petitioners on bail with certain conditions.

5.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.IV, Madurai; (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 petitioners shall deposit a sum of Rs.7,500/- (Rupees Seven Thousand and Five Hundred only)each, to the credit of Crime No.671 of 2024 before the Judicial Magistrate No.IV, Madurai, without prejudice to their rights and contentions before 2/5

the trial Court within a period of four weeks from the date of receipt of a copy of this order and produce the receipt/acknowledgment before the concerned Court while executing sureties. Only upon deposit, the petitioners shall be enlarged on bail. (iii) petitioners shall also report before the Alcohol deaddiction Centre at Government Rajaji General Hospital, Madurai and the Centre shall examine them if they have any alcohol addiction and appropriate treatment shall also be given and the said fact shall be intimated to the Investigation Officer. (iv)the petitioners 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. It is made clear that no relaxation of the condition for the said period will be entertained by this court;

(v)the petitioners shall not tamper with evidence or witness; (vi)the petitioners shall not abscond during trial. (vii)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 [(6715)AIR SCW 5560]. 3/5

(viii)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 21/10/2024 / TRUE COPY / 21/10/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

jbr TO 1 THE JUDICIAL MAGISTRATE NO.IV, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE, KOODAL PUDUR POLICE STATION, MADURAI CITY.

4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

COPY TO THE OFFICER INCHARGE, ALCOHOL DE-ADDICTION CENTRE, GOVERNMENT RAJAJI HOSPITAL, MADURAI.

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ORDER

IN CRL OP(MD) No.18060 of 2024 Date :21/10/2024 RS//SAR-(21.10.2024) 5P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5