Jeyachandiran v. State Of Tamil Nadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/12/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Jeyachandiran, ... Petitioner/Sole Accused Vs State of Tamil Nadu Rep. By, the Inspector of Police, Vasudevanallur Police Station, Tirunelveli District.

In Cr. No. 117/2024.

... Respondent/Complainant For Petitioner : Mr.C.Venkatesh, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITIONS FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioner/sole accused on bail in connection with the S.C. No. 421/2024 on the file of the learned Principal District Court in Crime No. 117/2024 dated 02.08.2024 on the file of the respondent police and thus render justice. ORDER : The Court made the following order :- The petitioner / sole accused, who was arrested and remanded to judicial custody 1/5

on 16.05.2024 and was facing trial for the offences under Sections 294(b), 324, 307, 506 (ii) of IPC and Section 3 of TNPPDL ACT in S.C.No.421 of 2024 of 2024, on the file of the Principal District Court, Tenkasi, seeks bail.

2. The case of the prosecution is that the petitioner went to the tiffin shop run by the injured and bought a parcel. When the injured asked for the money, the petitioner is said to have attacked the injured with beer bottle and caused him head injury.

3. The learned Additional Public Prosecutor appearing for the respondent Police submitted that the petitioner is a history sheeter and he has nearly 22 previous cases against him and he is a rowdy element. Therefore, he vehemently opposed the grant of bail to the petitioner.

4. The learned counsel appearing for the petitioner submitted that the petitioner was arrested in this case on 16.05.2024 and that a detention order was passed against the petitioner and later, the detention order was revoked by the Advisory Board on 12.07.2024.

5. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioner has suffered incarceration from 16.05.2024 and the injured has been discharged from the hospital and the investigation has already been completed and the case is now pending in S.C.No.421 of 2024 before the learned 2/5

Principal District Judge, Tenkasi District, this Court is inclined to grant bail to the petitioner subject to the following conditions.

6. 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, Sivagiri, Tenkasi 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 learned Principal District Judge, Tenkasi daily at 10.30 a.m. for a period of two weeks and thereafter, for every date of hearing without fail before the trial Court.

[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 269 of BNS, 2023.

sd/- 10/12/2024 / TRUE COPY / 10 / 12 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1 JUDICIAL MAGISTRATE SIVAGIRI TENKASI DISTRICT 2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, TENKASI DISTRICT.

3 THE PRINCIPAL DISTRICT JUDGE TENKASI.

4 THE INSPECTOR OF POLICE, VASUDEVANALLUR POLICE STATION, TIRUNELVELI DISTRICT.

5 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TENKASI DISTRICT.

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6. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.19989 of 2024 Date :10/12/2024 PSP/ /SAR /10.12.2024/ 5P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5