Venkateswaran @ Karthi v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Venkateswaran @ Karthi ... Petitioner/Sole Accused Vs The State of Tamilnadu, Rep. by the Inspector of Police, Thanjavur East Police Station, Thanjavur District.
Crime No. 928/2024.
... Respondent/Complainant For Petitioner : Mr.K.M.Karunakaran For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 928 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested and remanded to judicial custody on 02.11.2024 for the offences under Sections 126(2), 296(b), 115(2), 308(5), 1/5
351(3) of BNS (hereinafter referred to as new penal code) r/w Section 25(1-A) of Arms Act, 1959in Crime No.928 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner on 02.11.2024 is said to have restrained the defacto complainant and threatened him with long Aruval and abused him in filthy language and had forcibly taken a sum of Rs.5,00/-.
3. Heard the learned Counsel appearing appearing on either side. 4.Taking into consideration the facts and circumstances of the case and considering the nature of allegations made against the petitioner and also considering the fact that the petitioner has already suffered incarceration from 02.11.2024 and the previous cases that are 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 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 2/5
learned Judicial Magistrate No.I, 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 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 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]. 3/5
[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 (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
LR TO
1. The Judicial Magistrate No.I, Thanjavur District.
2.Do through The Chief Judicial Magistrate, Thanjavur District.
3. The Officer in Charge, Sub Jail, Thanjavur.
4. The Inspector of Police, Thanjavur East Police Station, Thanjavur District.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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ORDER
IN CRL OP(MD) No.20054 of 2024 Date : 19/11/2024 SL(19.11.2024)/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 5/5