Mahararajan @ Maharajan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/12/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Mahararajan @ Maharajan ... Petitioner/Accused No.1 Vs The State of Tamil Nadu, Rep.By, the Inspector of Police, Seethaparpanallur Police Station, Tirunelveli District.
(Cr.No.226 of 2024) ... Respondent/Complainant For Petitioner : M/s.K.P. Sankarakumarakurubaran, For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.226 of 2024 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 12.11.2024 for the offences under Section 303(2) BNS (hereinafter referred to as new penal code) in Crime No.226 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the accused persons had stolen electric fuse wires from the Company belonging to the defacto complainant and it was also captured in the CCTV camera. The stolen property is worth about Rs.45,000/-. There are totally two accused persons in this case and the petitioner has been arrayed as A1.
3. Heard the learned Counsel appearing on either side.
4. Taking into consideration the facts and circumstances of the case and considering the fact that the stolen property has already been secured and the petitioner has suffered incarceration from 12.11.2024 and taking note of the fact that there is one previous case against the petitioner under the NDPS Act, this Court is inclined to grant bail to the petitioner subject to the following conditions. 2/5
5. Accordingly, the criminal original petition is ordered and the petitioner is ordered to be released on bail on 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, Alangulam, 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 respondent police every Monday, Wednesday and Friday at 10.30 a.m for a period of four weeks and thereafter, as and when required for interrogation.
[c] the petitioner shall appear before the trial Court during every hearing date without fail.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner shall not abscond either during investigation or trial. [f] 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 3/5
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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS 2023.
sd/- 20/12/2024 / TRUE COPY / 20/12/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
LR TO 1 THE JUDICIAL MAGISTRATE ALANGULAM.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, THIRUNELVELI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.
4 THE INSPECTOR OF POLICE, SEETHAPARPANALLUR POLICE STATION, TIRUNELVELI DISTRICT.
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5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.K.P.SANKARAKUMARA KURUPARAN, Advocate ( SR-15788[I] dated 20/12/2024 )
ORDER
IN CRL OP(MD) No.22740 of 2024 Date :20/12/2024 SA/SAR- /20/12/2024/ 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5