Vivek v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/11/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Vivek, ... Petitioner/Sole Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Ammapettai Police Station, Thanjavur District.
Crime No.791 of 2024.
... Respondent/Complainant For Petitioner : Mr.Dhilipan Pandian R L, Advocate.
For Respondent : Mr.S.Ravi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime no.791 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 13.10.2024 for the offence under Sections 25(1-A) of Arms Act, 1959 in Crime No.791 of 2024, on the file of the respondent Police, seeks bail.
2. The case of the petitioner is that on 13.10.2024, the petitioner was found in possession of a sword and threatening the general public and he was demanding 1/4
money.
3. The learned Additional Public Prosecutor appearing for the respondent Police submitted that the petitioner is a history sheeter and he has more than ten previous cases against him. Hence, the learned Additional Public Prosecutor vehemently opposed the grant of bail to the petitioner.
4. The learned counsel appearing for the petitioner submitted that a false case has been foisted against the petitioner, since some previous cases are pending against the petitioner. The learned further submitted that the petitioner has suffered incarceration from 13.10.2024.
5. Taking into consideration the facts and circumstances of the case and considering the manner in which the prosecution has projected the case and also considering the fact that the petitioner has suffered incarceration from 13.10.2024 and taking note of the previous cases against the petitioner, 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, Papanasam, Thanjavur 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, Papanasam, Thanjavur 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/- 29/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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TSG TO 1 THE JUDICIAL MAGISTRATE, PAPANASAM, THANJAVUR DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM. 3 THE OFFICER INCHARGE, DISTRICT PRISON, THANJAVUR, THANJAVUR DISTRICT. 4 THE INSPECTOR OF POLICE, AMMAPETTAI POLICE STATION, THANJAVUR DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.20820 of 2024 Date :29/11/2024 SA/SAR. /29.11.2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4