Sudalai Maharaja v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Sudalai Maharaja, ... Petitioner/Accused 2 Vs The State of Tamilnadu, Rep. by the Inspector of Police, Courtallam Police Station, Tenkasi District.

Crime No. 366/2024.

... Respondent/Complainant For Petitioner : Mr.K.Karansingh, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.366 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A2, who was arrested and remanded to judicial custody on 07.10.2024 for the offences under Sections 311, 115(2) and 351(3) of BNS, 2023, in Crime No.366 of 2024, on the file of the respondent police, seeks bail. 1/4

2.The case of the prosecution is that the petitioner and other accused contacted the defacto complainant through a mobile App called Grinder and taking advantage of the contact, they asked the defacto complainant to come to a secluded place, wherein, the accused attacked the defacto complainant and snatched away his money and mobile phone.

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

4.Considering the nature of allegations in this case that the prime accused had contacted the defacto complainant through a mobile App called Grinder and taking advantage of the contact, they asked the defacto complainant to come to a secluded place, wherein, this accused also joined the other accused and they attacked the defacto complainant and snatched away his money and mobile and considering the fact that the petitioner is in prison from 07.10.2024, 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 sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Shencottai, and on further conditions that:

[b] the sureties shall affix their photographs and Left Thumb Impression in the 2/4

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 report before the respondent police daily at 10.30 a.m. for a period three weeks and thereafter, 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 / 29/10/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

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SJI TO 1 THE JUDICIAL MAGISTRATE, SHENCOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

4 THE INSPECTOR OF POLICE, COURTALLAM POLICE STATION, TENKASI DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.18890 of 2024 Date :29/10/2024 SA/SA/SAR. /29.10.2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4