Siva v. State Of Tamilnadu, Rep.By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Siva ... Petitioner/Sole Accused Vs State of Tamilnadu, Rep.By, The Inspector of Police, Jeeyapuram Police Station, Trichy.
(Crime No.282 of 2024). ... Respondent/Complainant For Petitioner : Mr.M.Vivek Bharathi, For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.282/2024 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 25.10.2024 for the offences under Sections 296(b), 351(2), 74, 75 and 79 of BNS (hereinafter referred to as new penal code) in Crime No.282 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the defacto complainant is an Advocate and on 23.10.2024 at about 09.15 pm, the defacto complainant was walking on the road and the petitioner is said to have come in a two wheeler and used filthy language and he had groped the defacto complainant.
3. Heard the learned Counsel appearing on either side.
4. Taking into consideration the facts and circumstances of the case and also considering the fact this petitioner has suffered incarceration from 25.10.2024 and there are no previous cases pending against the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions.
5. Accordingly, the criminal original petition is ordered and the petitioner is 2/5
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, Additional Mahila Court, Trichirappalli, 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 until further orders except on the days when the case is posted for hearing before the trial Court.
[c] the petitioner shall appear before the trial Court during every hearing date without fail.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner shall not abscond either during investigation or trial. [f] 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 3/5
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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS 2023.
sd/- 19/11/2024 / TRUE COPY / 19/11/2024 Sub-Assistant Registrar (AD-II) Madurai Bench of Madras High Court, Madurai - 625 023.
LR TO 1.THE JUDICIAL MAGISTRATE, ADDITIONAL MAHILA COURT, TRICHIRAPPALLI, 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.
3. THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.
4.THE INSPECTOR OF POLICE, JEEYAPURAM POLICE STATION, TRICHY.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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+2 CC to M/s.M.VIVEK BHARATHI, Advocate ( SR-14180[I] dated 19/11/2024 )
ORDER
IN CRL OP(MD) No.19968 of 2024 Date :19/11/2024 RK/ (19/11/2024) 5P / 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5