Velu 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 Velu, ... Petitioner/ Accused (Sole) Vs The State of Tamil Nadu represented by the Inspector of Police, Seethaparpanallur Police Station, Tirunelveli District.

(Crime No.292 of 2024) ... Respondent / Complainant For Petitioner : Mr.S.Ashok, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITIONS FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.292 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner / Sole Accused, who was arrested and remanded to judicial custody on 27.11.2024 for the alleged offences under Sections 296(b), 109 and 351(3) of 1/4

BNS, in Crime No.292 of 2024, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 26.11.2024, the petitioner is said to have attempted to attack the defacto complainant with an aruval and he escaped unhurt. Hence, the case.

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 no one was injured in this incident and also considering the fact that there are no previous cases against the petitioner and also considering the fact that the petitioner has suffered incarceration from 27.11.2024, 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, Alangulam, 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 respondent police as and when 2/4

required for interrogation.

[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, 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 ALANGULAM, TIRUNELVELI DISTRICT.

3/4

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE, SEETHAPARPANALLUR POLICE STATION, TIRUNELVELI DISTRICT.

4 THE OFFICER INCHARGE SUB JAIL, NANGUNERI.

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

+2 CC to M/s.S.ASHOK, Advocate ( SR-15008[I] dated 06/12/2024 )

ORDER

IN CRL OP(MD) No.21418 of 2024 Date :06/12/2024 PSP/ /SAR /06.12.2024/ 4P/ 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4