Raja v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Raja ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep by the Inspector of Police, Kulithalai Police Station, Karur District.

Crime No. 622/2024.

... Respondent/Complainant For Petitioner : M.Karunanithi, Advocate.

For Respondent : Mr.S.Ravi, Government Advocate (Crl.Side) For Intervener : Mr.P.Muthupandi, Advocate PETITIONS FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.622 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Sole Accused, who was arrested and remanded to judicial 1/5

custody on 03.10.2024 for the alleged offence under Sections 296(b), 351(2), 318(4) of BNSS Act, 2023 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.622 of 2024, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant is working as a Teacher and her husband was an Ex-serviceman. On 17.08.2023, the husband of the defacto complainant passed away in a road accident. The defacto complainant is said to have met the petitioner for selling her husband's ancestral property. The defacto complainant planned to buy a car and the petitioner is said to have introduced the defacto complainant to a person from the Manappuram Finance. The defacto complainant signed in all the documents for the purpose of buying the car. The allegation against the petitioner is that the petitioner fraudulently used all those signed documents and he bought a car. When the same was questioned by the defacto complainant, the petitioner abused the defacto complainant in filthy language and also threatened her.

3. Heard the learned counsel appearing for the petitioner, the learned Government Advocate (Criminal Side) appearing for the respondent Police and the learned counsel appearing for the intervener.

4. When the matter came up for hearing on 30.10.2024, this Court directed the learned Additional Public Prosecutor to take instructions as to whether the car has 2/5

been seized in this case.

5. When the matter was taken up for hearing today, it was brought to the notice of this Court that the car has been seized.

6. Taking into consideration the facts and circumstances of the case and also considering the fact that the petitioner is in judicial custody from 03.10.2024 and the car has already been seized by the Police, this Court is inclined to grant bail to the petitioner subject to the following conditions:

7. Accordingly, the petitioner is ordered to be released on bail on his 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.II, Kulithalai and on further conditions that:- [a] 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.

[b] the petitioner shall appear before the respondent Police every Monday and Friday at 05.30 p.m., for a period of six weeks and thereafter, as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[d] the petitioner shall not abscond either during investigation or trial. [e] 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 11/11/2024 / TRUE COPY / 11 / 11 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1 THE JUDICIAL MAGISTRATE NO.II, KULITHALAI.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR.

3 THE OFFICER INCHAGE SUB JAIL, KULITHALAI.

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4 THE INSPECTOR OF POLICE, KULITHALAI POLICE STATION, KARUR DISTRICT.

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

+1. CC to M.KARUNANITHI Advocate SR.No.13786 (I) dated 11/11/2024

ORDER

IN CRL OP(MD) No.18648 of 2024 Date :11/11/2024 PSP/ /SAR /11.11.2024/ 5P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5