Vallarasu v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/12/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Vallarasu ... Petitioner/Accused No.1 Vs The State of Tamil Nadu, Rep. by the Inspector of Police Kallikudi Police Station, Madurai District.
(Crime No.259 of 2024).
... Respondent/Complainant For Petitioner : Mr.A.Karthickkumar, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.259 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 17.11.2024 for the offences under Section 25 (1-A) of the Arms Act, 1959 in Crime No.259 of 2024 on the file of the respondent Police seeks bail.
2. The case of the prosecution is that the accused persons celebrated a birthday party by cutting the cake with a long sickle. This was video-graphed and posted in the social media to threaten the general public. There are totally four accused persons in this case and the petitioner has been arrayed as Accused No.1.
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 nature of crime committed by the accused persons and taking note of the fact that Accused Nos.2 to 4 have already been enlarged on bail and there are three previous cases against the petitioner and the petitioner has suffered incarceration from 17.11.2024, this Court is inclined to grant anticipatory bail to the 2/5
petitioner subject to the following 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, Thirumangalam, Madurai 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 Judicial Magistrate, Thirumangalam, Madurai District, 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 3/5
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 BNSS, 2023.
sd/- 09/12/2024 / TRUE COPY / 09/12/2024 Sub-Assistant Registrar (WRIT) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO 1.The Judicial Magistrate, Thirumangalam, Madurai District. 2.Do-Through The Chief Judicial Magistrate, Madurai District.
3.The Officer in charge, , Sub Jail,, Virudhunagar. 4.The Inspector of Police Kallikudi Police Station, Madurai District.
4/5
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.21632 of 2024 Date :09/12/2024 RK/ (09/12/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5