Karthickpandi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/11/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Karthickpandi ... Petitioner/Accused 1 Vs The State of Tamil Nadu, Rep By, The Inspector of Police, Devakottai Taluk Police Station, Cr.No.260 of 2024.

... Respondent/Complainant For Petitioner : Mr.S.Sathyachidambaram, Advocate For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.260 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 07.11.2024 for the offences under Sections 25(1-A) of Indian Arms Act in Crime No.260 of 2024 on the file of the respondent police, seeks bail. 1/5

2.The case of the prosecution is that on 07.11.2024 when the Police was involved in regular patrol duty near Sundamangalam Bridge, they found two persons with a Sword and on seeing the Police, they tried to escape from the spot. There are totally 2 accused persons and the petitioner has been arrayed as A1. 3.The learned Additional Public Prosecutor submitted that there are 3 previous cases pending against the petitioner, in which, two cases are murder cases. The petitioner was apprehend only on 07.11.2024. Therefore, he vehemently opposed for grant of bail.

4.The learned counsel for the petitioner submitted that a false case has been foisted against the petitioner and no such incident has taken place on 07.11.2024.

5. Heard the learned counsel appearing for the petitioner and the learned learned Additional Public Prosecutor appearing for the respondent. 6.Taking into consideration the facts and circumstances of the case and considering the manner in which the case has been projected by the prosecution and the previous cases against the petitioner and considering the fact that the petitioner has suffered incarceration from 07.11.2024, this Court is inclined to grant bail to the petitioner subject to the following conditions.

7. 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 2/5

ten thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate Devakottai, Sivagangai 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; [b] the petitioner shall report before the Judicial Magistrate, Devakottai daily at 10.30 a.m., until further orders, except on those days where the petitioner has to attend the pending cases; [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];

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

sd/- 27/11/2024 / TRUE COPY / 27/11/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO 1 THE JUDICIAL MAGISTRATE, DEVAKOTTAI, SIVAGANGAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE OFFICER INCHARGE, DISTRICT PRISON, RAMANATHAPURAM.

4 THE INSPECTOR OF POLICE, DEVAKOTTAI TALUK POLICE STATION, SIVAGANGAI DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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ORDER

IN CRL OP(MD) No.20713 of 2024 Date :27/11/2024 SA/SA/SAR. /27.11.2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5