Siva Chandran @ Backiyaraj v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14.11.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Siva Chandran @ Backiyaraj ... Petitioner/Accused No.4 Vs State of Tamil Nadu, Rep By, The Inspector of Police, CSCID, Thanjavur Police Station, Thanjavur District.
Crime No.204/2024..
... Respondent/Complainant For Petitioner : Mr.PR.Boomeerajan, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.204/2024 on the file of the respondent Police. 1/5
ORDER : The Court made the following order :- The petitioner / Accused No.4, who was arrested and remanded to judicial custody on 17.10.2024 for the alleged offence under Sections 303(2) of BNS (379 of IPC) r/w. Section 6(4) of TNCSC (RDCS) r/w. Section 7(1)(a)(ii) of EC Act, in Crime No.204 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the accused persons had illegally transported PDS rice and other essential commodities. There are totally 7 accused persons in this case and the petitioner has been arrayed as A4.
3. Heard the learned counsel on either side and perused the material records of the case.
4. The earlier bail petition, which was filed by the petitioner before this Court in Crl.OP(MD). No. 18552 of 2024 was dismissed by an order dated 28.10.2024 on the ground that the investigation is at the nascent stage.
5. It is brought to the notice of this Court that A1 to A3, A6 and A7 have already been enlarged on bail. This is the change in circumstance that has taken 2/5
place in this case. In view of the above, 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 Court No.II, 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 on every Monday and Friday at 10.30 a.m. for a period of three weeks and thereafter, as and when required for interrogation.
[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. 3/5
[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/- 14/11/2024 / TRUE COPY / 14 /11 /2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
pal TO 1.The Judicial Magistrate Court No.II, Thanjavur. 4/5
2. -do through The Chief Judicial Magistrate, Thanjavur at Kumbakonam. 3.The Officer-in-Charge, Sub Jail, Thanjavur.
4.The Inspector of Police, CSCID, Thanjavur Police Station, Thanjavur District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.19499 of 2024 Date :14/11/2024 RD(14/11/2024) 5 P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 5/5