Chelladurai v. The State Of Tamilnadu Rep By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Chelladurai ... Petitioner/Accused Vs The State of Tamilnadu Rep By, The Inspector of Police, Swamimalai Police Station, Thanjavur District.

Crime No,47 of 2024..

... Respondent/Complainant For Petitioner : M/s.Dr.R.Alagumani, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SECTION 483 OF BNSS PRAYER :- For Bail in Crime No.47 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 24.05.2024 for the offences punishable under Section 379 IPC in crime No. 47 of 2024 1/4

on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner herein has stolen the bike of defacto complainant, which was parked in front of his house. 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 against the petitioner that the petitioner was involved in bike theft and there is one previous case against the petitioner and that he is in custody from 24.05.2024 and that the investigation was completed and the charge sheet has been filed through E.filing before the Court concerned, 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 Judicial Magistrate-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 2/4

a period of thee 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]. (vi)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

Since it is stated that the charge sheet has already been filed through E.filing No.LTN 20220001804 C 202400359 on 01.07.2024, the concerned Court shall take the case on file as expeditiously as possible.

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 JUDICIAL MAGISTRATE-II, KUMBAKONAM.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, THANJORE DISTRICT AT KUMBAKONAM. 3 THE OFFICER INCHAGE SUB JAIL, KUMBAKONAM.

4 THE INSPECTOR OF POLICE, SWAMIMALAI POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.18453 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