Ranjithkumar v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Ranjithkumar ... Petitioner/Accused Rank No.1 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Kurangani Police Station, Theni District.
Crime No. 21/2024.
... Respondent/Complainant For Petitioner : Mr.D.Rajaboopathy, Advocate For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.21 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 11.08.2024 for the offences under Sections 140(2), 309(4) & 311 of BNS (hereinafter referred to as new penal code), which subsequently altered to Sections 140(2), 309(4), 1/5
311 & 61(2) of new penal code in Crime No.21 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that A1 to A4 kidnapped the defacto complainant for ransom. This incident took place on 08.08.2024. A1 to A4 demanded a sum of Rs.15,00,000/- from the family of the defacto complainant. Since they refused to pay the amount, the accused persons are said to have robbed a sum of Rs.4,000/- from the defacto complainant and let him off. There are totally five accused persons in this case and the petitioner has been arrayed as A5. The petitioner is said to have been working as a watchman in the house of the defacto complainant and that he was the one, who gave the tip of to the other accused persons.
3. The learned Additional Public Prosecutor appearing for the respondent police submitted that it is a case of kidnapping for ransom and that A1 to A4 are yet to be arrested in this case. The learned Additional Public Prosecutor further submitted that all the accused persons have previous bad antecedents and it is only the petitioner, who gave the tip of to the other accused persons regarding the movement of the defacto complainant
4. Per contra, the learned Counsel appearing for the petitioner submitted that the petitioner was arrested and remanded to judicial custody on 11.08.2024 and ninety days period is coming to an end today. The learned Counsel further 2/5
submitted that the petitioner is an innocent person and that he has nothing to do with the alleged offence.
5.This Court has carefully considered the submissions made on either side and the materials placed on record.
6.Taking into consideration the facts and circumstances of the case and also considering that the petitioner has undergone incarceration for 90 days and the investigation has not been completed since A1 to A4 have not been secured, the petitioner will be entitled for statutory bail. Accordingly, this Court is inclined to grant bail to the petitioner subject to the following conditions.
7. Accordingly, the criminal original petition is ordered 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, Bodinayakkanur, Theni District, and on further conditions that:- [a] 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.
[b] the petitioner shall report before the respondent police daily at 10.30 a.m and at 05.30 p.m until further orders except on the days when the case is posted for 3/5
hearing before the trial Court.
[c] the petitioner shall appear before the trial Court during every hearing date without fail.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner shall not abscond either during investigation or trial. [f] 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 11/11/2024 / TRUE COPY / 11 / 11 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
LR 4/5
TO 1 THE JUDICIAL MAGISTRATE BODINAYAKKANUR, THENI DISTRICT.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE OFFICER INCHAGE DISTRICT JAIL, THENGAMPATTI, THENI DISTRICT.
4 THE INSPECTOR OF POLICE, KURANGANI POLICE STATION, THENI DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.19377 of 2024 Date :11/11/2024 PSP/ /SAR /11.11.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5