Rajaram @ Rajesh v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Rajaram @ Rajesh, ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Represented by the Inspector of Police, Manachanallur Police Station, Trichy District.

(Crime No.250 of 2024).

... Respondent/Complainant For Petitioner : Mr.T.Lenin Kumar, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.250 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 23.10.2024 for the alleged offence under Sections 309(4) and 311 of BNS, 2023 in 1/4

Crime No.250 of 2024, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner threatened the defacto complainant at knife point and took a sum of Rs.450/- from the defacto complainant.

3. The learned counsel appearing for the petitioner submitted that a false case has been foisted against the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent Police submitted that there are three previous cases against the petitioner, out of which, only one case is under investigation.

5. Taking into consideration the facts and circumstances of the case and the submissions made on either side and also considering the fact that the petitioner has suffered incarceration from 23.10.2024, this Court is inclined to grant bail to the petitioner subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on his 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 No.III, Trichy 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.

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[b] the petitioner shall appear before the respondent Police every Monday and Friday at 05.30 p.m. until further orders.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial. [e] 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 07/11/2024 / TRUE COPY / 07/11/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1 THE JUDICIAL MAGISTRATE NO.III TRICHY.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

4 THE INSPECTOR OF POLICE, MANACHANALLUR POLICE STATION, TRICHY DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-13673[I] dated 07/11/2024 ) ORDER IN CRL OP(MD) No.19195 of 2024 Date :07/11/2024 SA/SAR. /07.11.2024/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4