Stanly Martin 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 1.Stanly Martin, 2.Vetri Viknesh,
...Petitioners/Accused 1 & 2
Vs The State of Tamilnadu, Represented by, The Inspector of Police, Viralimalai Police Station, Pudukkottai.
(Crime No.371 of 2024) ... Respondent / Complainant For Petitioners: Mr.S.Gurumoorthy, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITIONS FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 371 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioners / Accused 1 & 2, who were arrested and remanded to judicial custody on 21.11.2024 for the alleged offence under Sections 296(b), 115(2), 118(1), 351
(3) of BNS r/w. Section 66D of Information Technology Act and Section 25(1a) of the 1/4
Arms Act, in Crime No.371 of 2024, on the file of the respondent police, seek bail.
2. The case of the prosecution is that the accused persons are said to have assaulted the defacto complainant using a long knife and threatened him with dire consequences on the ground that the defacto complainant attempted to talk with a girl namely Yogeswari. There are totally 2 named accused persons and others involved in this 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 manner in which this incident had taken place and also considering the age of the petitioners and considering the fact that there are no previous cases against the petitioners and the petitioners have suffered incarceration from 21.11.2024, 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, Viralimalai, and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the 2/4
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 Monday and Friday at 05.30 p.m. until further orders. [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]. [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 3/4
TO 1 THE JUDICIAL MAGISTRATE VIRALIMALAI 2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT. 3 THE INSPECTOR OF POLICE, VIRALIMALAI POLICE STATION, PUDUKKOTTAI 4 THE OFFICER INCHARGE SUB JAIL, PUDUKOTTAI.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.21469 of 2024 Date :06/12/2024 PSP/ /SAR /06.12.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4