Kalidass v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

1. Kalidass,

2. Vijayaprabhakaran, ... Petitioners/Accused Nos.1&2 Vs The State of Tamil Nadu, Rep by the Sub Inspector of Police, Subramaniapuram Police Station, Madurai District.

Crime No. 592/2024.

... Respondent/Complainant For Petitioners: M/s.Chinna Maruthu.S, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.592 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners/A1 & A2, who were arrested and remanded to judicial custody on 1/5

06.10.2024 for the offences punishable under Sections 309(2), 311 and 351(3) of BNS, in Crime No.592 of 2024 on the file of the respondent police, seek bail. 2.The case of the prosecution is that the petitioners are said to have threatened the defacto complainant and robbed a sum of Rs.350/-. Hence, the complaint. 3.Heard both sides.

4.Considering the nature of the allegations in this case that the petitioner is said to have threatened the defact complainant and robbed a sum of Rs.350/- and considering the argument of the learned counsel for the petitioner that merely because the petitioners are having previous cases for statistical purposes, this case has been foisted on them, and only considering the fact that the petitioners are in prison from 06.10.2024, this Court is inclined to grant bail to the petitioners on certain conditions.

5.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.IV, Madurai 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; 2/5

(ii)The first petitioner shall stay at Namakkal and report before for Namakkal Town Police Station daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation and the second petitioner shall stay at Ariyalur and report before Ariyalur Town Police Station daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation; (iii)the petitioners shall not tamper with evidence or witness; iv)the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 28/10/2024 / TRUE COPY / 28/10/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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DSS TO 1 THE JUDICIAL MAGISTRATE NO.IV, MADURAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON CAMPUS, MADURAI.

4 THE SUB INSPECTOR OF POLICE, SUBRAMANIAPURAM POLICE STATION, MADURAI DISTRICT.

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

1 THE INSPECTOR OF POLICE, NAMAKKAL TOWN POLICE STATION NAMAKKAL.

2 THE INSPECTOR OF POLICE, ARIYALUR TOWN POLICE STATION, ARIYALUR.

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ORDER IN CRL OP(MD) No.18628 of 2024 Date :28/10/2024 SA/SAR. /28.10.2024/5P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5