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Madras High CourtCRL OP(MD)/19128/2024allowed

Rajkumar v. The State Of Tamilnadu Rep By,

2024-11-07Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Rajkumar, ... Petitioner/Sole Accused Vs The State of Tamilnadu, Represented by the Inspector of Police, Vadakadu Police Station, Pudukkottai District.

Cr No.178/2024.

... Respondent/Complainant For Petitioner : Mr.Kalidoss.G, 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. 178/2024 on the file of the respondent police and thus render justice.

ORDER : The Court made the following order :- The petitioner / Sole Accused, who was arrested and remanded to judicial custody 1/4

on 11.10.2024 for the alleged offence under Sections 326 (g) and 303(2) of BNS, 2023 in Crime No.178 of 2024, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant was running a Textile shop and on 31.08.2024, suddenly the shop caught fire. There was heavy damage to the tune of Rs.22,00,000/-. When the CCTV footages were sent for analysis, only, then, it came to light that the petitioner had set fire to the shop and accordingly, a complaint was lodged on 11.10.2024 and pursuant to the same, the petitioner was arrested and remanded to judicial custody.

3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent Police.

4. Taking into consideration the facts and circumstances of the case and also of the fact that the petitioner has suffered incarceration from 11.10.2024 and there are no previous cases against the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

5. 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 District Munsif cum Judicial Magistrate, Alangudi, Pudukkottai District and on further conditions that:- [a] 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.

[b] the petitioner shall appear before the respondent Police daily at 10.30 a.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.

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TSG TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, ALANGUDI, PUDUKKOTTAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3 THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKKOTTAI.

4 THE INSPECTOR OF POLICE, VADAKADU POLICE STATION, PUDUKKOTTAI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.G.KALIDOSS, Advocate ( SR-13670[I] dated 07/11/2024 ) ORDER IN CRL OP(MD) No.19128 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