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Madras High CourtCRL OP(MD)/22641/2024allowed

Vimal Raj v. The State Of Tamilnadu

2024-12-20Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.12.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Vimal Raj ... Petitioner/Accused Rank No.1 Vs The Inspector of Police, Alangudi Police Station, Pudukkottai District.

(Crime No.290 of 2024) ... Respondent/Complainant For Petitioner :

Mr.V.Malaiyendran, Advocate.

For Respondent :

Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS,2023. PRAYER :- For Bail in Crime No.290 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 custody on 01.11.2024 for the alleged offences under Sections 25(1A) of Arms Act, 1959, in Crime No.290 of 2024, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the accused persons were in possession of 1/4

long knife and they were threatening general public. There are totally 3 accused persons in this case and the petitioner has been arrayed as A1.

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 taking note of the fact that the petitioner has suffered incarceration from 01.11.2024 and A2 and A3 have already been enlarged on bail and considering the fact that there are 2 previous cases against the petitioner, this 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 learned Judicial Magistrate, Alangudi, 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, Alangudi on every Monday and Friday at 10.30 a.m. until further orders. 2/4

[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 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/- 20/12/2024 / TRUE COPY / 20/12/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

pal TO 1 THE JUDICIAL MAGISTRATE, ALANGUDI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3 THE INSPECTOR OF POLICE, ALANGUDI POLICE STATION, PUDUKOTTAI DISTRICT.

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4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.22641 of 2024 Date :20/12/2024 RS//SAR-(20.12.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4