Subashkaran v. State Of Tamilnadu Through

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Subashkaran ... Petitioner/Accused No.1 Vs State of Tamilnadu Through, The Inspector of Police, Thiruvidaimaruthur Police Station, Thanjavur District.

Crime No.743/2024..

... Respondent/Complainant For Petitioner : Dr.R.Alagumani, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of B.N.S.S. U/s 439 of Cr.P.C. PRAYER :- For Bail in Crime No.743/2024 on the file of the respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 12.10.2024 for the offences punishable under Sections 296(b), 132, 351(3) of BNS r/w. Section 25(1-A) of Arms Act, 1959 in crime No.743 of 2024 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner herein has threatened the general public by showing the sword. 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 allegation in this case that the petitioner herein wielding the weapons and were threatening the public and created ruckus in the public when the police party arrived and apprehended them and considering the fact that the petitioner is in prison from 12.10.2024, I am inclined to enlarge the petitioner on bail.

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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, Thiruvidaimaruthur. (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; (ii)the petitioner shall stay at Perambalur and report before the Town Police Station, Perambalur daily at 10.30 a.m for a period of 10 days and thereafter, as and when required for interrogation before the respondent Police; (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 3/5

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/- 29/10/2024 / TRUE COPY / 29/10/2024 Sub-Assistant Registrar (AD-II) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO

1. THE JUDICIAL MAGISTRATE, THIRUVIDAIMARUTHUR.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJORE DISTRICT @ KUMBAKONAM.

3. THE OFFICER IN CHARGE, SUB JAIL, THIRUVIDAIMARUTHUR. 4.THE INSPECTOR OF POLICE, THIRUVIDAIMARUTHUR POLICE STATION, THANJAVUR DISTRICT.

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

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COPY TO THE INSPECTOR OF POLICE, TOWN POLICE STATION, PERAMBALUR +1 CC to M/s.DR.R.ALAGUMANI, Advocate ( SR-13418[I] dated 29/10/2024 )

ORDER

IN CRL OP(MD) No.18675 of 2024 Date :29/10/2024 RK/ (29/10/2024) 5P / 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5