Viji v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH CRL OP(MD). Nos.20251 and 20274 of 2024 Viji ... Petitioner/Accused No.4 in CRL OP(MD). No.20251 of 2024 K.Arun @ Arunkumar ... Petitioner/Accused No.3 in CRL OP(MD). No.20274 of 2024 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Bodi Taluk Police Station, Theni District.

Crime No. 336/2024.

... Respondent/Complainant in CRL OP(MD). No.20251 of 2024 The State of Tamil Nadu, Rep. by the Inspector of Police, Bodi Rural Police Station, Theni District.

Crime No. 336/2024.

... Respondent/Complainant in Crl.O.P.(MD).No.20274 of 2024 In Both petitions For Petitioner :

Ms.K.Varshini, Advocate.

For Respondent :

Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) 1/5

PETITIONS FOR BAIL Under Sec.483 of BNSS COMMON PRAYER :- For Bail in Crime No. 336 of 2024 on the file of the Respondent Police. COMMON ORDER : The Court made the following common order :- The petitioners / Accused Nos.3 and 4, who were arrested and remanded to judicial custody on 25.10.2024 for the offence under Sections 191(2), 191(3), 126(2), 296(b), 115(2), 308(4), 351(3) of BNS, 2023 in Crime No.336 of 2024, on the file of the respondent Police, seek bail.

2.The case of the prosecution is that the defacto complainant was running a quarry. On the date of occurrence, the accused persons are said to have intercepted the lorry and demanded money from the driver of the vehicle. There are totally four accused persons in this case and the petitioners have been arrayed as Accused Nos.3 and 4.

3.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the respondent Police. 4.Taking into consideration the facts and circumstances of the case and the manner in which the incident had taken place and considering the fact that the petitioners have suffered incarceration from 25.10.2024 and considering the fact that 2/5

there is one previous case against Accused No.3 and no previous case against Accused No.4, this Court is inclined to grant bail to the petitioners subject to the following conditions.

5. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each, with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Bodinyakanur 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 petitioners shall report before the respondent Police as and when required for interrogation.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme 3/5

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/- 21/11/2024 / TRUE COPY / 21/11/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG To 1.The Judicial Magistrate, Bodinayakanur.

2.Do through the Chief Judicial Magistrate, Theni District.

3.The Inspector of Police, Bodi Taluk Police Station, Theni District.

4.The Inspector of Police, Bodi Rural Police Station, Theni District.

5.The Officer Incharge, District Prison, Theni.

6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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+2 CC to M/s.A.JOSEPH JERRY, Advocate ( SR-14325 & 14326 [I] dated 21/11/2024 )

ORDER

IN CRL OP(MD). Nos.20251 and 20274 of 2024 Date :21/11/2024 ED/ /SAR- (21/11/2024) 5P / 9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5