Arunkumar @ Arun v. The State Of Tamilnadu Through
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Arunkumar @ Arun ... Petitioner/Accused No.1 Vs The State of Tamilnadu Throu, Gh, the Inspector of Police, Vedasandur Police Station, Dindigul District.
Cr No.217/2023..
... Respondent/Complainant For Petitioner : M/s.M.Suresh, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SECTION 483 OF BNSS PRAYER :- To enlarge the petitioner on bail in connection with the SC No.117/2024 on the file of the Learned Assistant Sessions Judge, Vedasanthur, Dindigul District and thus render justice.
1/4
ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 26.07.2024 for the offences punishable under Sections 294(b), 332, 353, 385, 506(ii) and 307 IPC in crime No. 217 of 2023 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that due to NBW issued against the petitioner, he was arrested and remanded to judicial custody on 26.07.2024. 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 fact that the petitioner was earlier granted bail and he was absent for the hearing on 23.07.2024 and that he was arrested on 26.07.2024, I am inclined to enlarge the petitioner on bail.
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 Assistant Sessions Judge, Vedasanthur, Dindigul 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; 2/4
(ii) the petitioner shall attend all the hearing dates before the trial Court without fail. If he fails to attend the hearing, the prosecution will be entitled to move the petition for cancelling the bail, not only in this case but in all the cases of the petitioner.
(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 229-A IPC.
sd/- 25/10/2024 / TRUE COPY / 25 / 10 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
TRP 3/4
TO 1 THE ASSISTANT SESSIONS JUDGE, VEDASANTHUR, DINDIGUL DISTRICT 2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, DINDUGAL DISTRICT. 3 THE OFFICER INCHAGE DISTRICT PRISON, DINDIGUL.
4 THE INSPECTOR OF POLICE, VEDASANDUR POLICE STATION, DINDIGUL DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.18394 of 2024 Date :25/10/2024 PSP/ /SAR /25.10.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4