Suresh v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Suresh, ... Petitioner/Accused Rank not known Vs The State of Tamilnadu, Rep. by the Inspector of Police, Moondaradaippu Police Station, Tirunelveli District.
Crime No. 205/2024..
... Respondent/Complainant For Petitioner : Mr.E.Mareeskumar, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 205 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
24.09.2024 for the offences punishable under Sections 179, 180 of BNS Act, 2023 and 25(1)(a) of Arms Act, 1959 in crime No. 205 of 2024 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner herein was found in possession of forged counterfeited notes. 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 allegations in this case that the petitioner and other accused in order to dupe third parties by way of doubling have been found to be transporting huge amount of currencies in which in every bundle the first note and the last note was the original rupee note and in between fake currencies carrying the same serial number were stacked and before they could due persons, the respondent police intercepted and arrested the petitioner and the petitioner being in custody from 24.09.2024 and the investigation is almost being completed and the co-accused being granted bail, 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, Nanguneri, Thirunelveli 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 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 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.
TRP TO 1 THE JUDICIAL MAGISTRATE, NANGUNERI, THIRUNELVELI DISTRICT.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, THIRUNELVELI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, THOOTHUKUDI.
4 THE INSPECTOR OF POLICE, MOONDARADAIPPU POLICE STATION, TIRUNELVELI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4/5
+1 CC to M/s.E.MAREES KUMAR, Advocate ( SR-12978[I] dated 23/10/2024 )
ORDER
IN CRL OP(MD) No.18281 of 2024 Date :23/10/2024 SS/SAR- /23/10/2024/ 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5