Dhiwahar @ Diwan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY CRL OP(MD). No.18224 of 2024 Dhiwahar @ Diwan, ... Petitioner/Accused No.3 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Kumbakonam Taluk Police Station, Thanjavur District.
(In Crime No. 532 of 2024).
... Respondent/Complainant For Petitioner : M/s.Prabha.S, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 532 of 2024 on the file of the Respondent Police 1/5
ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 10.10.2024 for the offences punishable under Sections 296(b), 351(3)of BNS r/w. 25(1-A) of Arms Act in Crime No.532 of 2024 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner herein has threatened the general public by showing the deadly weapons. 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 that the petitioner herein wielding the weapons and were threatening the public and created ruckus in the public when the police party arrived and apprehended him and considering the fact that the petitioner is in prison from 10.10.2024, I am inclined to enlarge the petitioner on bail. 2/5
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.II, Kumbakonam. (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 a period of two 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 3/5
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/- 23/10/2024 / TRUE COPY / 23/10/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
DSS TO 1 THE JUDICIAL MAGISTRATE NO.II KUMBAKONAM.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3 THE OFFICER INCHARGE, SUB JAIL, PUDHUKOTTAI.
4 THE INSPECTOR OF POLICE, KUMBAKONAM TALUK POLICE STATION, THANJAVUR DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4/5
ORDER
IN Date :23/10/2024 SS/SAR- /23/10/2024/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5