Natrayan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/12/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH

1. Natrayan,

2. Chandrasekar,

3. Venkatraj, ... Petitioners/Accused Nos.1 to 3 Vs The State of Tamil Nadu, Rep By, The Inspector of Police, Town South Police Station, Dindigul District, Cr.No.394/2024..

... Respondent/Complainant For Petitioners : Mr.Vishnu.J, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS 1/5

PRAYER :- For Bail in Cr.No.394 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners / Accused Nos.1 to 3, who were arrested and remanded to judicial custody on 02.12.2024 for the offences under Sections 296(b), 221, 351(3) of BNS r/w Section 25(1)(a) of Arms Act, 1959 in Crime No.394 of 2024 on the file of the respondent Police, seek bail.

2. The case of the prosecution is that the accused persons were found in possession of deadly weapons and when they were intercepted, they abused in filthy language and threatened the Police with dire consequences and prevented them from doing their duty.

3. The learned Additional Public Prosecutor appearing for the respondent Police submitted that Accused No.1 has four previous cases against him, out of which, one case pertains to offence under Section 302 IPC. Accused Nos.2 has two previous cases and Accused No.3 has one previous case. He further submitted that the petitioners are rowdy elements and therefore, he vehemently opposed the grant of bail to the petitioners.

2/5

4. The learned counsel appearing for the petitioners submitted that a false case has been foisted against the petitioners and that they have suffered incarceration from 02.12.2024.

5. Taking into consideration the facts and circumstances of the case and considering the manner in which the prosecution has projected this case and taking note of the previous cases against the petitioners and also considering the fact that the petitioners have suffered incarceration from 02.12.2024, this Court is inclined to grant bail to the petitioners subject to the following conditions.

6. 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.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.

3/5

[b] the petitioners shall report before the learned Judicial Magistrate No.III, Dindigul, daily at 10.30 a.m. until further orders. [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/- 17/12/2024 / TRUE COPY / 17/12/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1 THE JUDICIAL MAGISTRATE NO.III DINDIGUL.

4/5

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3 THE INSPECTOR OF POLICE, TOWN SOUTH POLICE STATION, DINDIGUL DISTRICT, 4 THE OFFICER INCHARGE, SUB JAIL, DINDIGUL.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.22243 of 2024 Date :17/12/2024 SS/SAR- /17/12/2024/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5