Ajithkumar 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
1. Ajithkumar
2. Santhoshkannan ... Petitioners/Accused Nos.1 & 2 Vs The State of Tamilnadu, Represented By, The Inspector of Police, Sivagangai Town Police Station, Sivagangai District (Crime No.770 / 2024).
... Respondent/Complainant For Petitioners :
Mr.R.Senthilkumar, Advocate.
For Respondent :
Mr.S.Ravi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.770 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners / Accused Nos.1 and 2, who were arrested and remanded to judicial custody on 30.10.2024 for the offences under Sections 126(2), 296(b), 351(3) of BNS and Section 25 (1-A) of Arms Act, 1959 in Crime No.770 of 2024 on the file of the respondent Police, seek bail.
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2. The case of the prosecution is that the petitioners threatened the general public by showing a sword and abused them in filthy language and demanded for money.
3. Heard the learned counsel appearing for the petitioners 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 this case and also taking note of the age of the petitioners and considering the fact that 11 previous cases are pending against the petitioners and the petitioners have suffered incarceration from 30.10.2024, this Court is inclined to grant bail to the petitioners subject to the following conditions.
5. Accordingly, the criminal original petition is ordered and the petitioners are ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Sivagangai 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 petitioners shall report before the learned Judicial Magistrate No.I, 2/4
Sivagangai, daily at 10.30 a.m. until further orders, except on those days when they have to attend the pending cases before the other Courts. [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/- 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 No.I, Sivagangai.
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2.Do through the Chief Judicial Magistrate, Sivagangai District.
3.The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.
4.The Officer Incharge, District Jail, Ramanathapuram.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.R.SENTHIL KUMAR, Advocate ( SR-15169[I] dated 10/12/2024 )
ORDER
IN CRL OP(MD) No.21721 of 2024 Date :10/12/2024 ED/ /SAR- (10/12/2024) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4