Alex Pandian 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 Alex Pandian ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Kovilpatti West Police Station, Thoothukudi District, Crime No. 590 of 2024.
... Respondent/Complainant For Petitioner : Mr.G.Radhakrishnan, Advocate For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.590 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 26.10.2024 for the offences under Sections 296(b), 132, 109(1) and 351(3) of BNS (hereinafter referred to as new penal code) and Section 51(1)(1A) of the Wild Life Protection Act, 1972 in Crime No.590 of 2024 on the file of the respondent police, seeks bail.
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2. The case of the prosecution is that on 26.10.2024, the Sub Inspector of Police along with the Police team had come to the house of the petitioner in the regular surveillance conducted by them. At that point of time, the petitioner is said to have abused the police officials and had attempted to attack them with Deer horn and also prevented the police officials from discharging their duty.
3. Heard the learned Counsel appearing on either side.
4. Taking into consideration the facts and circumstances of the case and considering the fact that there are seven previous cases pending against the petitioner and also of the fact that this petitioner has already suffered incarceration from 26.10.2024, 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 learned Judicial Magistrate No.II, Kovilpatti, Thoothukudi 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.
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[b] the petitioner shall report before the learned Judicial Magistrate No.II, Kovilpatti, Thoothukudi District, daily at 10.30 a.m until further orders. [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.
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LR TO 1 THE JUDICIAL MAGISTRATE NO.II, KOVILPATTI, THOOTHUKUDI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
3 THE SUPERINTENDENT, CENTRAL JAIL, PALAYAMKOTTAI, TIRUNELVELI DISTRICT. 4 THE INSPECTOR OF POLICE, KOVILPATTI WEST POLICE STATION, THOOTHUKUDI DISTRICT, 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.20339 of 2024 Date :22/11/2024 SA/SAR. /22.11.2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4