Surenthar 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 Surenthar ... Petitioner/Sole Accused Vs The State of Tamilnadu, Rep By, The Inspector of Police, Pattukottai Town Police Station, Thanjavur District.

(Crime No.610 of 2024).

... Respondent/Complainant For Petitioner :

Mr.K.M.Karunakaran, Advocate.

For Respondent :

Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.610 of 2024 on the file of the respondent police. 1/5

ORDER : The Court made the following order :- The petitioner / Sole Accused, who was arrested and remanded to judicial custody on 24.10.2024 for the offences under Sections 296(b), 126(2), 308(5), 351(3) of BNS r/w 25(1-A) of Arms Act in Crime No.610 of 2024, on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that the petitioner is a history sheeter and has nearly 13 previous cases against him. A complaint was given against him by the defacto complainant and based on the same, an FIR came to be registered in Crime No.487 of 2023. The petitioner was arrested in this case and later, he was enlarged on bail. After coming out on bail, the petitioner is said to have threatened the defacto complainant with dire consequences by showing a sickle and also extracted a sum of Rs.1,200/-. This incident had taken place on 24.10.2024.

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 manner in which the prosecution has projected the case and taking into consideration the fact that the petitioner has suffered incarceration from 24.10.2024 and taking note of the previous cases pending against the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions. 2/5

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, Pattukkotai 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, Pattukkottai every day at 10.30 a.m. until further orders except those days when the petitioner has to attend other cases in other Courts and appear before the respondent Police daily at 05.30 p.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/- 10/12/2024 / TRUE COPY / 10/12/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG To 1.The Judicial Magistrate, Pattukkottai.

2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

3.The Inspector of Police, Pattukottai Town Police Station, Thanjavur District.

4.The Officer Incharge, Sub Jail, Thanjavur.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.21711 of 2024 Date :10/12/2024 4/5

ED/ /SAR- (10/12/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5