Suriya v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Suriya ... Petitioner/ Accused No.4 Vs The State of Tamil Nadu represented by the Inspector of Police, Thirukostiyur Police Station, Sivagangai District.
(Crime No.142 of 2024) ... Respondent / Complainant For Petitioner : Mr.PR.Boomeerajan, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITIONS FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.142 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner / Accused No.4, who was arrested and remanded to judicial 1/5
custody on 01.11.2024 for the alleged offences under Sections 191(2), 191(3), 125, 118 (1), 109, 351(3) of BNS, in Crime No.142 of 2024, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the accused persons formed themselves into an unlawful assembly and restrained the defacto complainant and another person and attacked them with sickle and sword with an intention to murder them. They were also threatened with dire consequences. There are totally 7 accused persons in this case and the petitioner has been arrayed as A4.
3. The learned Additional Public Prosecutor (Criminal Side) submitted that the petitioner was already arrested in another case in Crime No.196 of 2024 on the file of the Thiruppathur Police Station. When he was in judicial custody in that case, the petitioner was formally arrested in this case on 04.11.2024. The learned Additional Public Prosecutor further submitted that there is one previous case against the petitioner. It was further submitted that the investigation has been completed.
4. Heard the learned counsel on either side and perused the material records of the case.
5. Taking into consideration the facts and circumstances of the case and considering the manner in which the injured person has been attacked in this case and taking note of the fact that there is one previous case against the petitioner and 2/5
also considering the fact that the petitioner has suffered incarceration from 04.11.2024 in this case and already A3 and A7 were enlarged on bail in this case, this Court is inclined to grant bail to the petitioner subject to the following conditions:
6. 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 Principal District Munsif cum Judicial Magistrate, Thiruppathur, 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 Principal District Munsif cum Judicial Magistrate, Thiruppathur on every Monday and Friday at 10.30 a.m. and also on 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/- 02/01/2025 / TRUE COPY / 02 / 01 /2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
PAL TO 1 THE PRINCIPAL DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THIRUPPATHUR.
2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE INSPECTOR OF POLICE, THIRUKOSTIYUR POLICE STATION, SIVAGANGAI DISTRICT.
4 THE OFFICER INCHARGE DISTRICT PRISON, RAMANATHAPURAM.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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ORDER
IN CRL OP(MD) No.22362 of 2024 Date :02/01/2025 PSP/ /SAR /02.01.2025/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5