Aravindh v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Aravindh ... Petitioner/Accused No.1 Vs The State of Tamilnadu, Rep by the Inspector of Police, Sivagangai Town Police Station, Sivgangai District.
Crime No. 762/2024.
... Respondent/Complainant For Petitioner : Mr. J. Yogeswaran, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITIONS FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 762 of 2024on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody 1/5
on 24.10.2024 for the offences under Sections 126, 296(b), 127, 140(1), 115(2) & 351(3) of BNS Act in Crime No.762 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 23.10.2024 when the defacto complainant was standing along with his friend near Audio Shop, the accused persons took up quarrel with a friend of the defacto complainant and attacked him. Thereafter, the defacto complainant was taken in a Car and he was beaten up. On information given to the Police, they chased the Car and rescued the defacto complainant. There are totally four accused persons in this case. The petitioner has been arrayed as A1.
3. Heard the learned counsel appearing for the petitioner and the learned learned Government Advocate (Crl.Side) appearing for the respondent. 4.The learned Government Advocate (Crl.Side) submitted that the petitioner has several previous cases and he is a history sheeter. He further submitted that the defacto complainant was abducted in a Car and he was beaten up by the accused persons.
5.It was also brought to the notice of this Court that other three accused persons have been enlarged on bail by the Court below. 6.Taking into consideration the facts and circumstances of the case and also of the fact that this petitioner has suffered incarceration from 23.10.2024 and the 2/5
other accused persons have been enlarged on bail and the injured has already been discharged, 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 No.I, Sivagangai, 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 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 3/5
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/- 08/11/2024 / TRUE COPY / 08 / 11 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
PNM TO 1 THE JUDICIAL MAGISTRATE NO.I, SIVAGANGAI.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE OFFICER INCHARGE SUB JAIL SIVAGANGAI.
4 THE INSPECTOR OF POLICE, SIVAGANGAI TOWN POLICE STATION, SIVGANGAI DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4/5
ORDER
IN CRL OP(MD) No.19279 of 2024 Date :08/11/2024 PSP/ /SAR /08.11.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5