Sathiyaraj v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Sathiyaraj, ... Petitioner/Sole Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Fort Police Station, Trichy City.

Crime No.1232 of 2024..

... Respondent/Complainant For Petitioner :

Mr.S.Vidhya Sagar, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.1232 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 custody on 03.10.2024 for the offences punishable under Sections 309(4) & 351(3) of 1/4

Bharathiya Nyaya Sanhita, in Crime No.1232 of 2024 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner is 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 defacto complainant and robbed a sum of Rs.350/- and considering the argument of the learned counsel for the petitioner that only for the statistical purpose, this case has been put up against the petitioner since he has got previous cases, and considering the fact that the petitioner is in prison from 03.10.2024, this Court is inclined to grant bail to the petitioner on certain conditions. 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 No.1, Trichy.

(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; 2/4

(*)(ii) the petitioner shall stay at Dindigul and report before the Dindigul North Police Station daily a t 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 abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 28/10/2024 (*)Corrected as per order of this Hon'ble Court in CRL OP(MD).18641/2024 dated 05/11/2024 by NAVJ / TRUE COPY / /11/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

DSS 3/4

TO TO BE SUBSTITUTED WITH THE ORDER ALREADY DESPATCHED ON 28/10/2024 1 THE JUDICIAL MAGISTRATE NO.1 TRICHY.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.. 4 THE INSPECTOR OF POLICE, FORT POLICE STATION, TRICHY CITY. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO:

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

2 THE INSPECTOR OF POLICE, DINDIGUL NORTH POLICE STATION, DINDIGUL.

+1 CC to M/s.S.VIDHYA SAGAR, Advocate ( SR-13257[I] dated 28/10/2024 )

ORDER

IN CRL OP(MD) No.18641 of 2024 Date :28/10/2024 SS/SAR- /28/10/2024/ 4P/8C RS/SAR- /05.11.2024/ 4P/9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4