Madhan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Madhan ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep by the Inspector of Police, Tamil University Police Station, Thanjavur (Crime No.492 of 2024.) ... Respondent/Complainant For Petitioner :

M/s.Gurumoorthy.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.492 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 10.10.2024 for the offences under Sections 296(b), 133, 308(5) and 351(3) 1/5

of BNS and Section 27(2) of Arms Act, in Crime No.492 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 by showing weapon and robbed a sum of Rs.100/- from him.

3.Heard. Perused the materials available on record including the First Information Report.

4.Considering the nature of allegations that the petitioner threatened the defacto complainant and robbed a sum of Rs.100/-, wielded the weapon in public and was threatening when the police party arrived at the scene, I am inclined to enlarge the petitioner on bail, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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.2, Thanjavur, and on further conditions that: [b] 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.

[c] the petitioner shall stay at Trichy and report before the Inspector of Police, 2/5

K.K.Nagar Police Station, Trichy, daily at 10.30 a.m. for a period ten days and thereafter, report before the respondent police as and when required for interrogation.

[d] the petitioner shall not commit any offences of similar nature. [e] the petitioner shall not abscond either during investigation or trial. [f] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[g] On breach of any of the aforesaid conditions, the learned Judicial 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]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 29/10/2024 / TRUE COPY / 30/10/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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SJI To 1.The Judicial Magistrate No.II, Thanjavur.

2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

3.The Inspector of Police, Tamil University Police Station, Thanjavur.

4.The Officer Incharge, Sub Jail, Thanjavur.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:

The Inspector of Police, K.K.Nagar Police Station, Trichy.

+1 CC to M/s.S.GURUMOORTHY, Advocate ( SR-13420[I] dated 30/10/2024 )

ORDER

IN CRL OP(MD) No.18872 of 2024 Date :29/10/2024 4/5

ED/ /SAR- (30/10/2024) 5P / 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5