Adhees v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11.12.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH 1.Adhees, 2.Reethanraj,
...Petitioners/Accused 3 & 4
Vs The State of Tamilnadu, Represented by, The Inspector of Police, Ammapettai Police Station, Thanjavur District.
(Crime No.719 of 2024) ... Respondent / Complainant For Petitioners: Mr.R.L.Dhilipan Pandian, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS,2023. PRAYER :- For Bail in Crime No. 719 of 2024 on the file of the respondent Police.
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ORDER : The Court made the following order :- The petitioners / Accused 3 & 4, who were arrested and remanded to judicial custody on 21.11.2024 for the alleged offence under Sections 126(2), 296(b), 131, 308(5) and 351(3) of IPC, in Crime No.719 of 2024, on the file of the respondent police, seek bail.
2. The case of the prosecution is that the accused persons waylaid the defacto complainant on 25.08.2024 at about 05.00 p.m. and took him to an isolated place and threatened him to part with money. Since the defacto complainant did not have money, he was forced to make them payment through PhonePe of the friend and accordingly a sum of Rs.6,000/- was paid to the accused persons. Only thereafter, the defacto complainant was left after being threatened with dire consequences if he reveals the incident to any one. There are totally 6 accused persons in this case and the petitioners have been arrayed as A3 and A5.
3. Heard the learned counsel on either side and perused the material records of the case.
4. Taking into consideration the facts and circumstances of the case and considering the age of the petitioners and also taking note of the fact that the petitioners have suffered incarceration from 21.11.2024 and there are no previous cases against the petitioners and A1 and A2 have been enlarged on bail by the Court 2/5
below, this Court is inclined to grant bail to the petitioners subject to the following conditions:
5. Accordingly, the petitioners are ordered to be released on bail on their 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 Court, Papanasam, Thanjavur 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 petitioners shall report before the respondent Police on every Friday at 05.30 p.m. for a period of 8 weeks and thereafter, as and when required. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. 3/5
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 11/12/2024 / TRUE COPY / 11/12/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
PAL 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.
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ORDER
IN CRL OP(MD) No.21179 of 2024 Date :11/12/2024 SA/SA/SAR. /11.12.2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5