Nithin Nimbalkar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/11/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Nithin Nimbalkar ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Dhalavaipuram Police Station, Virudhunagar District.

(In Crime No 332/2024). ... Respondent/Complainant For Petitioner : Mr.G.Kalidoss, Advocate For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 332 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 1/4

custody on 11.11.2024 for the offences under Sections 281 and 105 BNS (hereinafter referred to as new penal code) in Crime No.332 of 2024 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner was driving Ashok Layland heavy motor vehicle on 11.11.2024 and at about 08.20 p.m, he dashed on an electric wire, which got snapped and the live wire got in contact with the deceased who died due to electrocution.

3.Heard the learned Counsel appearing on either side. 4.Taking into consideration the facts and circumstances of the case and the manner, in which, this incident had taken place and also considering the fact that the petitioner belongs of Maharashtra State, 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 local sureties and one blood surety, each for a like sum to the satisfaction of the learned Judicial Magistrate, Rajapalayam, Virudhunagar, 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 2/4

Book to ensure their identity.

[b] the petitioner shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter, as and when required for interrogation. [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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS 2023.

sd/- 22/11/2024 / TRUE COPY / 22/11/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

3/4

LR TO 1 THE JUDICIAL MAGISTRATE, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE OFFICER INCHARGE, DISTRICT PRISON, VIRUDHUNAGAR.

4 THE INSPECTOR OF POLICE, DHALAVAIPURAM POLICE STATION, VIRUDHUNAGAR DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.G.KALIDOSS, Advocate ( SR-14395[I] dated 22/11/2024 ) ORDER IN CRL OP(MD) No.20301 of 2024 Date :22/11/2024 SA/SAR. /22.11.2024/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4