Mugesh @ Panni Mugesh v. The State Of Tamilnadu Rep.By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Mugesh @ Panai Mugesh ... Petitioner/Accused No.1 Vs The State of Tamilnadu, Represented by, the Inspector of Police, Thoothukudi South Police Station, Thoothukudi District.
(Crime No.574/2024).
... Respondent/Complainant For Petitioner : Mr.S.Vishnuvardhan, Advocate.
For Respondent : Mr.S.Ravi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.574 of 2024 on the file of the respondent Police. 1/5
ORDER : The Court made the following order :- The petitioner /Accused No.1, who was arrested and remanded to judicial custody on 20.10.2024 for the offence under Sections 296(b) of BNS and Section 25(1) (a) of Arms Act, 1959 in Crime No.574 of 2024, on the file of the respondent Police, seeks bail.
2. The case of the prosecution is that the petitioner was found in possession of an aruval and was threatening the general public by using filthy language.
3. The learned Additional Public Prosecutor appearing for the respondent Police submitted that there are seven previous cases pending against the petitioner, out of which, one case is a murder case.
4. The learned counsel appearing for the petitioner submitted that a false case has been foisted against the petitioner only because of the fact that there were some previous cases pending against him.
5. Taking into consideration the facts and circumstances of the case and considering the nature of allegations made against the petitioner and considering 2/5
the fact that the petitioner has suffered incarceration from 20.10.2024, 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.I, Thoothukudi District 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 appear before the respondent Police every Friday at 05.30 p.m., for a period of eight 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. [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 3/5
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 269 of BNS, 2023.
sd/- 18/11/2024 / TRUE COPY / 18/11/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO 1 THE JUDICIAL MAGISTRATE NO.I THOOTHUKUDI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
3 THE INSPECTOR OF POLICE, THOOTHUKUDI SOUTH POLICE STATION, THOOTHUKUDI DISTRICT 4 THE OFFICER INCHARGE, DISTIRCT JAIL, PERAURANI, THOOTHUKUDI.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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ORDER
IN CRL OP(MD) No.19855 of 2024 Date :18/11/2024 SS/SAR- /18/11/2024/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5