Mathan @ Mathankumar 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 Mathan @ Mathankumar ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep by the Inspector of Police, Thanjavur West Police Station, Thanjavur District.
Crime No. 715 of 2024.
... Respondent/Complainant For Petitioner : Mr. K.M.Karunakaran, 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.715 of 2024 on the file of the respondent police. 1/5
ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 28.10.2024 for the offences under Section 296(b) of BNS Act r/w 25(1-A) Arms Act, 1959 in Crime No.715 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner was in possession of aruval and he was threatening the general public on 28.10.2024.
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 is a history sheeter, who is having 8 previous cases, out of which, four cases are pending.
5.The learned counsel for the petitioner submitted that a false case has been foisted against the petitioner. Out of 8 previous cases, the petitioner has been acquitted in four previous cases.
6.Taking into consideration the facts and circumstances of the case and also of the fact that the petitioner has suffered incarceration from 28.10.2024 and no one was injured in this case, this Court is inclined to grant bail to the petitioner 2/5
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, Thanjavur, 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., for a period of two weeks, thereafter, he shall report before the respondent Police on every Friday at 05.30p.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]; 3/5
[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 THANJAVUR.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, THANJORE DISTRICT AT KUMBAKONAM.
3 THE OFFICER INCHARGE SUB-JAIL, THANJAVUR DISTRICT.
4 THE INSPECTOR OF POLICE, THANJAVUR WEST POLICE STATION, THANJAVUR DISTRICT
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4/5
ORDER
IN CRL OP(MD) No.19319 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