V.Vishnuraj v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/12/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH V.Vishnuraj ... Petitioner/Accused No.1 Vs The State of Tamilnadu, Rep by the Inspector of Police, Alangudi Police Station, Pudukkottai District.
(Crime No.329 of 2024.) ... Respondent/Complainant For Petitioner :
Mr.Sathishkumar.K, Advocate.
For Respondent :
Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.329 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner / Accused No.1, who was arrested and remanded to judicial custody on 29.11.2024 for the offences under Sections 296(b), 309(5), 351(3) of BNS
and Section 25(1A)of Arms Act, 1959 in Crime No.329 of 2024 on the file of the respondent Police, seeks bail.
2. The case of the prosecution is that the petitioner is the office bearer of Hindu Munani Iyakkam, Alangudi. He is said to have demanded money from the defacto complainant, who was running a jewellery shop. Since the same was not given, he utlised the services of Accused Nos.2 and 3 and they went to the shop with a mask in their face and caused damage to the shop and threatened the defacto complainant by showing a knife. This incident is said to have been captured in the CCTV.
3. The learned Additional Public Prosecutor appearing for the respondent Police submitted that the petitioner has six previous cases pending against him and that the petitioner had instigated Accused Nos.2 and 3 to commit the crime.
4. The learned counsel appearing for the petitioner submitted that a false case has been foisted against the petitioner and the petitioner has sustained fracture in his right leg and now he is bed ridden. Therefore, the learned counsel requested before this Court to grant bail to the petitioner on medical grounds.
5. Taking into consideration the facts and circumstances of the case and considering the manner in which this incident had taken place and taking note of the fact that the petitioner has been made as an accused based on the confession of Accused Nos.2 and 3 and considering the fact that the petitioner has suffered
incarceration from 29.11.2024 and the petitioner has sustained fracture in his right leg and he is taking treatment, this Court is inclined to grant bail to the petitioner subject to the following conditions.
6. 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 Principal District Munsif cum Judicial Magistrate, Alangudi 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 every Monday, Wednesday and Friday at 05.30 p.m. for a period of six weeks and thereafter, as and when 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/- 10/12/2024 / TRUE COPY / 10/12/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG To 1.The Principal District Munsif cum Judicial Magistrate, Alangudi.
2.Do through the Chief Judicial Magistrate, Pudukkottai District.
3.The Inspector of Police, Alangudi Police Station, Pudukkottai District.
4.The Dean, Pudukottai Government Medical College Hospital. 5.The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.K.SATHISH KUMAR, Advocate ( SR-15184[I] dated 10/12/2024 )
ORDER
IN CRL OP(MD) No.21691 of 2024 Date :10/12/2024 ED/ /SAR- (10/12/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023