Murugesan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Murugesan, ... Petitioner/Sole Accused Vs The State of Tamilnadu, Rep. by the Inspector of Police, Bodinayakkanur Town Police Station, Theni District.

Crime No. 327/2024..

... Respondent/Complainant For Petitioner : Mr.M.Jerin Mathew, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.327 of 2024 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 14.10.2024 for the offences punishable under Sections 126(2), 296(b), 118(1), 109 & 351(3) of BNS, in Crime No.327 of 2024 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that due to previous enmity, the petitioner is said to have attacked the defacto complainant with knife and caused injury on his eyebrow. Hence, the complaint.

3.Heard both sides.

4.Considering the nature of the allegations in this case that the petitioner is said to have attacked the defecto complainant with aruval and caused injury on his eyebrow and considering the fact that the injured was discharged from the hospital and the petitioner, who has got eight previous cases is in jail from 14.10.2024, 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 2/5

Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Bodinayakkanur.

(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 stay at Dindigul and report before the Vadamadurai Police Station 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]. 3/5

vi)If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 28/10/2024 / TRUE COPY / 28/10/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO 1 THE JUDICIAL MAGISTRATE BODINAYAKKANUR.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE OFFICER INCHARGE, SUB JAIL, THEKKAMPATTY..

4 THE INSPECTOR OF POLICE, BODINAYAKKANUR TOWN POLICE STATION, THENI DISTRICT.

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

COPY TO:

THE INSPECTOR OF POLICE VADAMADURAI POLICE STATION, DINDIGUL.

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ORDER

IN CRL OP(MD) No.18053 of 2024 Date :28/10/2024 SS/SAR- /28/10/2024/ 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5