Sakthivel v. The State Of Tamil Nadu Rep By Its

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24.10.2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Sakthivel ... Petitioner/Accused No.1 Vs The Inspector of Police, Sivagangai Town Police Station, Sivagangai District, (Crime No.746/2024.) ... Respondent/Complainant For Petitioner :

Mr.M.Jegadeesh Pandian, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.746/2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Accused, who is arrested and remanded to judicial custody on 13.10.2024 for the offence punishable under Sections 296(b), 132, 351(3) of BNS, 2023 r/w. Section 25(1-A) of Arms Act, 1959 in Crime No.746 of 2024 on the file of the 1/4

respondent police, seeks bail.

2.The case of the prosecution is that on 13.10.2024, the petitioner and other accused were found to be in possession of weapons and threatened the defacto complainant. Hence, the complaint 3.Heard the learned counsel on either side and perused the material records of the case.

4.Considering the nature of occurrence in this case that the petitioner along with other accused is said to have wielded weapons and threatened the defacto complainant, I am inclined to enlarge the petitioner on bail with 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 Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Sivagangai; (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 Madurai and report before the Inspector of Police, Mattuthavani Police Station, Madurai, daily at 10.30 a.m., up to 03.11.2024 and thereafter, as and when required for interrogation. It is made clear that no 2/4

relaxation of the condition for the said period will be entertained by this court; (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 229A IPC.

sd/- 24/10/2024 / TRUE COPY / 24/10/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

JBR To 1.The Judicial Magisrate No.I, Sivagangai.

2.Do through the Chief Judicial Magistrate, Sivagangai District.

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3.The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

4.The Officer Incharge, District Prison, Ramnad.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:

The Inspector of Police, Mattuthavani Police Station, Madurai.

+1 CC to M/s.M.JEGADEESH PANDIAN, Advocate ( SR-13110[I] dated 24/10/2024 )

ORDER

IN CRL OP(MD) No.18381 of 2024 Date :24/10/2024 ED/ /SAR- (24/10/2024) 4P / 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4