Madasamy @ Nannimadasamy v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.12.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Madasamy @ Nannimadasamy ... Petitioner/ Accused No.1 Vs The State of Tamil Nadu represented by the Inspector of Police, Palayamkottai Police Station, Tirunelveli District.

(Crime No.609 of 2024) ... Respondent / Complainant For Petitioner : Mr.M.Pandian, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS,2023. PRAYER :- For Bail in Crime No.609 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 1/5

custody on 28.10.2024 for the alleged offences under Sections 126(2), 296(b), 308(4), 351(3) of BNS Act, 2023, in Crime No.609 of 2024, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 28.10.2024 at about 02.00 p.m., the defacto complainant, who is an Advocate, went to the tea shop and at that point of time, the petitioner is said to have abused him in filthy language and threatened him with knife and also grabbed a sum of Rs.2,000/- from his pocket.

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 incident has been projected by the prosecution and also considering the fact that the petitioner has suffered incarceration from 28.10.2024 and taking note of the fact that there are 11 previous cases against the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions.

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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 learned Judicial Magistrate No.I, Tirunelveli District, 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 No.I, Tirunelveli District daily at 10.30 a.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 3/5

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/- 18/12/2024 / TRUE COPY / 18/12/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PAL TO 1 THE JUDICIAL MAGISTRATE NO.I TIRUNELVELI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE, PALAYAMKOTTAI POLICE STATION, TIRUNELVELI DISTRICT.

4 THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI 4/5

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

ORDER

IN CRL OP(MD) No.22368 of 2024 Date :18/12/2024 SS/SAR- /18/12/2024/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5