Manikandan v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.12.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Manikandan, ... Petitioner/ Sole Accused Vs The State of Tamil Nadu represented by the Inspector of Police, Kattuputhur Police Station, Trichy District.
(Crime No.311 of 2024) ... Respondent / Complainant For Petitioner : Mr.K.Arunraj, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS, 2023. PRAYER :- For Bail in Crime No.311 of 2024 on the file of the respondent Police. 1/5
ORDER : The Court made the following order :- The petitioner / Sole Accused, who was arrested and remanded to judicial custody on 14.11.2024 for the alleged offences under Sections 331(3) and 75(2) of BNS r/w. Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.311 of 2024, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the defacto complainant was feeding her 8 month year old baby and the petitioner, who is said to be living in the same street, entered into the house and tried to misbehave with the defacto complainant who is aged about 20 years.
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 manner in which this incident had taken place and also considering the fact that the petitioner has suffered incarceration from 14.11.2024 and there are no previous cases against the petitioner, this Court is inclined to grant bail to the 2/5
petitioner subject to the following conditions:
5. Accordingly, the petitioner is ordered to be released on bail on his 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 District Munsif -cum- Judicial Magistrate, Thottiyam, 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 respondent police 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. 3/5
[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/- 06/12/2024 / TRUE COPY / 06/12 /2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
pal TO 1.The District Munsif -cum- Judicial Magistrate, Thottiyam.
2. -do through The Chief Judicial Magistrate, Trichy District. 4/5
3.The Officer-in-Charge, Sub Jail, Musiri.
3.The Inspector of Police, Kattuputhur Police Station, Trichy District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.21415 of 2024 Date :06/12/2024 RD(06/12/2024) 5 P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 5/5