K.Rajeswaran v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.12.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH K.Rajeswaran ... Petitioner /Accused No.2 Vs The State of Tamil Nadu represented by the Inspector of Police, Dindigul Town South Police Station, Dindigul.
(Crime No.386 of 2024) ... Respondent / Complainant For Petitioner : Mr.C.Mayilvahana Rajendran, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS,2023. PRAYER :- For Bail in Crime No.386 of 2024 on the file of the respondent Police. 1/5
ORDER : The Court made the following order :- The petitioner / Accused No.2, who was arrested and remanded to judicial custody on 26.11.2024 for the alleged offences under Sections 296(b), 221, 351(3) of BNS, 2023 read with Section 25(1)(a) of the Arms Act, 1959 in Crime No.386 of 2024, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner and his brother were moving in suspicious circumstances, and when they were intercepted by the police party on 26.11.2024 at about 9.00 a.m., they were found in possession of two knives, and they abused the police in filthy language and prevented them from doing their duty and also threatened them with dire consequences. There are totally two accused persons in this case and the petitioner has been arrayed as A2.
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 the prosecution has projected this case and also taking note of the fact that there is one previous case as against the petitioner, this 2/5
Court is inclined to grant bail to the petitioner subject to the following conditions:
5. Accordingly, the petitioner is ordered to be released on bail on his 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 Judicial Magistrate No.III, Dindigul, 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 appear before the respondent police every friday at 5.30 p.m. for a period of six weeks and thereafter, as and when required for the 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 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 BNS, 2023.
sd/- 13/12/2024 / TRUE COPY / 13/12/2024 Sub-Assistant Registrar (VIGILANCE) Madurai Bench of Madras High Court, Madurai - 625 023.
mkn TO 1.THE JUDICIAL MAGISTRATE NO.III, DINDIGUL.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.
3.THE OFFICER-IN-CHARGE, DISTRICT PRISON, DINDIGUL.
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4.THE INSPECTOR OF POLICE, DINDIGUL TOWN SOUTH POLICE STATION, DINDIGUL.
5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.21983 of 2024 Date :13/12/2024 RK (13/12/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5