Saravanan @ Pambu Saravanan 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 Saravanan @ Pambu Saravanan ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep By, The Inspector of Police, Ayyampettai Police Station, Thanjavur District.

Cr.No.783 of 2024.

... Respondent/Complainant For Petitioner : Mr.K. M.Karunakaran, 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 Cr.No.783 of 2024 on the file of the respondent police. 1/5

ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 17.09.2024 for the offences under Sections 126(2), 296(b), 131 and 351(3) of BNS, 2023, in Crime No.783 of 2024, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner is said have waylaid the defacto complainant, abused him in filthy language and threatened him with dire consequences.

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

4.Considering the nature of allegations that the petitioner is said to have waylaid the defacto complainant, pulled him down from the vehicle and threatened him by wielding weapon and the fact that he is in prison from 17.09.2024, 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 2/5

sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.3, 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 Karur and report before the Inspector of Police, Karur Town Police Station, Karur, 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.

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

SJI TO

1. The Judicial Magistrate No.3, Thanjavur,

2. Do-Through The Chief Judicial Magistrate, Thanjore District @ Kumbakonam.

3. The officer in charge, Sub Jail, Thanjavur. 4/5

4. The Inspector of Police, Ayyampettai Police Station, Thanjavur District.

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

Copy to The Inspector of Police, Karur Town Police Station, Karur.

ORDER

IN CRL OP(MD) No.18889 of 2024 Date :29/10/2024 RK/ (29/10/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5