Jeyapriyan v. State Of Tamilnadu Rep By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14.11.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Jeyapriyan ... Petitioner/Sole Accused Vs State of Tamil Nadu, Rep By, The Inspector of Police, Nadukaveri Police Station, Thanjavur District.
Crime No.466/2024..
... Respondent/Complainant For Petitioner : Mr.R.L.Dhilipan Pandian, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.466/2024 on the file of the respondent Police. 1/5
ORDER : The Court made the following order :- The petitioner / Sole Accused, who was arrested and remanded to judicial custody on 22.10.2024 for the alleged offence under Sections 296(b) and 351(3) of BNS Act and Section 25(1A) of Arms Act, 1959, in Crime No.466 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 22.10.2024, the petitioner armed with a sword was threatening the general public and demanded money. Hence, the case.
3. The learned counsel for the petitioner submitted that a false case has been foisted against the petitioner.
4. The learned Additional Public Prosecutor (Criminal Side), on instructions, submitted that there are 3 previous cases against the petitioner out of which, 2 cases pertains to offence under the Arms Act.
5. Heard the learned counsel on either side and perused the material records of the case.
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6. Taking into consideration the facts and circumstance of the case and the manner in which the incident has been projected in the FIR and also considering the fact that the petitioner has suffered incarceration from 22.10.2024, this Court is inclined to grant bail to the petitioner subject to the following conditions:
7. 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, Thiruvaiyaru, Thanjavur 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 report before the respondent Police daily at 05.30 p.m. until further orders.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
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[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/- 14/11/2024 / TRUE COPY / 14 /11/2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1.The Judicial Magistrate, Thiruvaiyaru, Thanjavur District.
2. -do through The Chief Judicial Magistrate, Thanjavur at Kumbakonam. 3.The Officer In-Charge, District Prison, Thanjavur, Thanjavur District.
4.The Inspector of Police, Nadukaveri Police Station, Thanjavur District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.19633 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