Venkateswaran v. State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/12/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Venkateswaran ... Petitioner/Sole Accused Vs State of Tamil Nadu, The Inspector of Police, Cheranmahadevi Police Station, Tirunelveli District, In Crime No.451 of 2020.
... 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 Crime No.451 of 2020 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 13.11.2024 for the offences under Sections 341, 294(b), 307, 506(ii) IPC and Section 4 of TNPHW Act in Crime No.451 of 2020 on the file of the respondent police, seeks bail.
2.The petitioner was facing trial before the Court below in S.C.No.151 of 1/4
2023. On 11.11.2024, he was not present before the Court and hence, NBW was issued against the petitioner and he was secured and remanded to judicial custody on 13.11.2024.
3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police.
4. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioner was absent for one hearing and the petitioner has already suffered incarceration from 11.11.2024, this Court is inclined to grant bail to the petitioner with certain 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, Cheranmahadevi, Tirunelveli 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 learned III Additional Sessions Judge (FAC), Tirunelveli on every date of hearing without fail; 2/4
[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 Act;
[g] If the petitioner fails to appear before the Court and any further NBW is issued against the petitioner, it is made clear that the petitioner will not be enlarged on bail till the completion of proceedings. sd/- 05/12/2024 / TRUE COPY / 05/12/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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PNM TO 1 THE III ADDITIONAL SESSIONS JUDGE (FAC), TIRUNELVELI.
2 THE JUDICIAL MAGISTRATE, CHERANMAHADEVI, TIRUNELVELI DISTRICT.
3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
4 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI.
5 THE INSPECTOR OF POLICE, CHERANMAHADEVI POLICE STATION, TIRUNELVELI DISTRICT, 6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.21342 of 2024 Date :05/12/2024 SA/SAR. /05.12.2024/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4