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 No.2 Vs The State of Tamilnadu Rep By, The Inspector of Police, Kumbakonam Taluk Police Station, Thanjavur District.

Crime No.519 of 2023.

... 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.519 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/A2, who was arrested and remanded to judicial custody on 15.06.2024 for the offences under Sections 457 and 380 of IPC in Crime No.519 of 2023 1/4

on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner and other accused trespassed into the defacto complainant's house and committed theft of Rs.20,000/-. 3.Heard. Perused the materials available on record including the First Information Report.

4.Considering the nature of allegations in this case that the petitioner along with the other accused are said to have broken the house and decamped with valuables and considering the fact that the investigation is complete and the charge sheet is filed and the same is taken on file in C.C.No.371 of 2024 on the file of the learned Judicial Magistrate No.II, Kumbakonam and that the petitioner is in prison from 15.06.2024, I am inclined to enlarge the petitioner on bail, subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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, and on further conditions that:

[b] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity.

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[c] the petitioner shall report before the trial Court on all hearing dates without fail.

[d] the petitioner shall not commit any offences of similar nature. [e] the petitioner shall not abscond either during investigation or trial. [f] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[g] On breach of any of the aforesaid conditions, the learned Judicial 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]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 25/10/2024 / TRUE COPY / 25 / 10 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE, NO.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, KUMBAKONAM TALUK POLICE STATION, THANJAVUR DISTRICT.

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

+1 CC to M/s.DR.R.ALAGUMANI, Advocate ( SR-13208[I] dated 25/10/2024 )

ORDER

IN CRL OP(MD) No.18458 of 2024 Date :25/10/2024 PSP/ /SAR /25.10.2024/ 4P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4