Santhanapandi v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.12.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Santhanapandi, ... Petitioner/ Accused No.1 Vs The State of Tamil Nadu represented by the Inspector of Police, Bodinayakkanur Town Police Station, Theni District.

(Crime No.390 of 2024) ... Respondent / Complainant For Petitioner : Mr.K.Palmurugan, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor For Intervenor : Mr.S.Srikanth, Adovate PETITIONS FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.390 of 2024 on the file of the respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner / Accused No.1, who was arrested and remanded to judicial custody on 22.11.2024 for the alleged offences under Sections 126(2), 296(b), 140, 191 (2), 191(3), 311, 61(2) and 109 of BNS, in Crime No.390 of 2024, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant was managing the properties belonging to one Ajay Chopra. He seems to have entered into an agreement with A1. In that transaction, an advance amount was paid to the said Ajay Chopra and a sum of Rs.5 lakhs is said to have paid to the defacto complainant. On 21.11.2024, the defacto complainant is said to have been kidnapped by the accused persons and he was threatened with dire consequences and he was made to forcibly transfer a sum of Rs.1 lakh through Gpay and his signatures were also obtained in an agreement. There are totally 6 accused persons in this case and the petitioner has been arrayed as A1.

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 fact that there was a dispute in the purchase of property and taking note of the fact that the petitioner has suffered incarceration from 22.11.2024 and 2/5

taking note of the fact that there are 2 previous cases against the petitioner, this Court is inclined to grant bail to the 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 Judicial Magistrate, Bodinayakkanur, Theni 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 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. [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]. 3/5

[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 Madurai Bench of Madras High Court, Madurai - 625 023.

PAL TO 1 THE JUDICIAL MAGISTRATE BODINAYAKKANUR, THENI DISTRICT.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3 THE INSPECTOR OF POLICE BODINAYAKKANUR TOWN POLICE STATION, THENI DISTRICT 4 THE OFFICER INCHAGE DISTRICT JAIL, THENI.

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

+1 CC to M/s.K.PALMURUGAN, Advocate ( SR-15001[I] dated 06/12/2024 ) 4/5

ORDER

IN CRL OP(MD) No.21466 of 2024 Date :06/12/2024 PSP/ /SAR /06.12.2024/ 5P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5