R.Rajamanickam v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY R.Rajamanickam ... Petitioner/Accused No.8 Vs The State of Tamilnadu, Rep. by the Inspector of Police, Kattuputhur Police Station, Trichy District.
Crime No. 274/2024..
... Respondent/Complainant For Petitioner : M/s.N.BALASUBRAMANIAN, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SECTION 483 OF BNSS PRAYER :- For Bail in Crime No. 274 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 15.10.2024 for the offences punishable under Sections 191(2), 296(b), 115(2), 303(2) 1/4
and 351(2) of BNS r/w. 3 of Tamil Nadu Public Property (Prevention of Damage and Loss) Act, in crime No. 274 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner along with other accused are running a chit and they have received the amount from the defacto complainant and on maturity, they have refused to repay the same. 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 against the petitioner that the petitioner along with other accused after running a chit did not pay the amount on maturity and when the defacto complainant asked for the same, they threatened and attacked the de facto complainant and considering the fact that the petitioner is in prison from 15/10/2024 and that there are no other antecedents against the petitioner, 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 District Munsif cum Judicial Magistrate, Thottiyam. (i)the sureties shall affix their photographs and left thumb impression in the 2/4
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 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THOTTIYAM. 2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE OFFICER INCHAGE SUB JAIL, MUSIRI.
4 THE INSPECTOR OF POLICE, KATTUPUTHUR POLICE STATION, TRICHY DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.18503 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