George v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/11/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH George ... Petitioner/Sole Accused Vs The Inspector of Police, Dindigul Town West Police Station, Dindigul District.
Crime No.635 of 2024 ... Respondent/Complainant For Petitioner :
Mr.M.Suresh, Advocate.
For Respondent :
Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.635 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 12.11.2024 for the offence under Sections 296(b), 221, 351(3) of BNSS Act, 2023 r/w 25(1)(a) of Arms Act, 1959 in Crime No.635 of 2024, on the file of the respondent Police, seeks bail.
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2.The case of the prosecution is that on 12.11.2024, at about 10.30 a.m. the Police party was engaged in regular patrolling duty, at that point of time, the petitioner was found in possession of sharp edged weapon. When the Police intercepted, the petitioner abused him in filthy language and threatened with dire consequences. 3.The learned Additional Public Prosecutor appearing for the respondent Police submitted that there are three previous cases pending against the petitioner and that the petitioner is repeatedly involved in commission of serious offences. 4.The learned counsel appearing for the petitioner submitted that a false case has been foisted against the petitioner only because there were some previous cases pending against him.
5. Taking into consideration the facts and circumstances of the case and the manner in which the incident has been projected by the prosecution and considering the fact that the petitioner has suffered incarceration from 12.11.2024, this Court is inclined to grant bail to the petitioner subject to the following conditions.
6. 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.I, Dindigul, Dindigul District and on further conditions that:- 2/4
[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 learned Judicial Magistrate No.I, Dindigul, Dindigul District daily at 10.30 a.m., until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner 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 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 25/11/2024 / TRUE COPY / 25/11/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE JUDICIAL MAGISTRATE NO.I, DINDIGUL.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 3 THE OFFICER INCHARGE, DISTRICT PRISON, DINDIGUL. 4 THE INSPECTOR OF POLICE, DINDIGUL TOWN WEST POLICE STATION, DINDIGUL DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.20426 of 2024 Date :25/11/2024 RS/IT/SAR-(25.11.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4