Mani @ Ayyar Mani v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.12.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Mani @ Ayyar Mani ... Petitioner /Accused No.2 Vs The State of Tamil Nadu represented by the Inspector of Police, Samayanallur Police Station, Madurai District.
(Crime No.456 of 2017) ... Respondent / Complainant For Petitioner : Mr.K.Dinesh, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS,2023. PRAYER :- For Bail in Crime No.456 of 2017 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 05.08.2024 for the alleged offences under Sections 302 of IPC, in Crime No.456 of 2017, on the file of the respondent police, seeks bail.
2. The petitioner is facing trial before the Court below in S.C.No.432 of 2019 for offence under Sections 302 and 294(b) of IPC. The petitioner has been arrayed as A2. On 31.07.2024, the petitioner did not appear before the Court and the witnesses were present before the Court. Hence, the Trial Court issued NBW against this petitioner. Based on the same, the petitioner was secured and produced before the Court below on 05.08.2024 and the petitioner was remanded to judicial custody on the same day.
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 fact that the case is now at the fag end of trial and the petitioner has suffered incarceration from 05.08.2024 and there are no previous cases against the petitioner, this Court is inclined to grant bail to the petitioner subject to the following 2/5
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 learned Judicial Magistrate Court, Vadipatti, 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 Court below during every date of hearing without fail.
[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 (CS-I / II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.
pal TO 1.THE JUDICIAL MAGISTRATE, VADIPATTI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.
3.THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.
4.THE INSPECTOR OF POLICE, SAMAYANALLUR POLICE STATION, MADURAI DISTRICT.
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5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.K.DINESH, Advocate ( SR-15591[I] dated 18/12/2024 )
ORDER
IN CRL OP(MD) No.22299 of 2024 Date :18/12/2024 RK/ (18/12/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5