Court judgment | CRL OP(MD)/14827/2024 of Nallasamy Vs The State of Tamilnadu

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CRL OP(MD). No.14827 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 05/09/2024
PRESENT
The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
CRL OP(MD). No.14827 of 2024
Nallasamy
... Petitioner/Sole Accused
Vs
The Inspector of Police,
SIPCOT Police Station,
Sivagangai District.
Crime No.90/2024
... Respondent/Complainant
For Petitioner
:
Mr.K.Sathish Kumar, Advocate.

For Respondent :
Mr.R.M.Anbunithi, Additional Public Prosecutor
PETITION FOR BAIL UNDER SEC 483 of BNSS
PRAYER :-
For Bail in Crime No.90 of 2024 on the file of the Respondent Police.
ORDER : The Court made the following order :-
The petitioner/Accused, who was arrested and remanded to judicial custody
on 24.07.2024 for the offences punishable under Sections 296(b), 132, 351(3) of BNS
and Sections 21(1-A) of Arms Act, in crime No. 90 of 2024 on the file of the
respondent police, seeks bail.
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CRL OP(MD). No.14827 of 2024
2.The case of the prosecution is that the petitioner herein abused the respondent
officials in filthy language. Hence, the case.
3.Heard the learned counsel for the petitioner and the learned Additional Public
Prosecutor appearing for the respondent and perused the materials available on
record.
4.Considering the nature of allegation is that when the the respondent police
went to execute the non bailable warrant, the petitioner is said to have threatened the
officers in the wake of the said allegations and considering the fact that the petitioner
is in jail from 24/7/2024, I am inclined to enlarge the petitioner on bail.
5.Accordingly, this Criminal Original Petition is allowed 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, Manamadurai, Sivagangai District.
(i)the sureties shall affix their photographs and left thumb impression in the
surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar
card or Bank Pass Book to ensure their identity;
(ii)the petitioner shall appear before the respondent Police as and when
required for interrogation;
(iii)the petitioner shall not tamper with evidence or witness;
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CRL OP(MD). No.14827 of 2024
(iv)the petitioner shall not abscond during trial.
(v)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].
(vi)if the accused thereafter absconds, a fresh FIR can be registered under
Section 229-A IPC.
sd/-
05/09/2024
/ TRUE COPY /

05/09/2024
Sub-Assistant Registrar
Madurai Bench of Madras High Court,
Madurai - 625 023.
TRP
TO
1 THE JUDICIAL MAGISTRATE, MANAMADURAI, SIVAGANGAI DISTRICT.
2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.
3 THE OFFICER INCHARGE, DISTRICT JAIL, RAMANATHAPURAM DISTRICT.
4 THE INSPECTOR OF POLICE, SIPCOT POLICE STATION,
SIVAGANGAI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR,
MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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CRL OP(MD). No.14827 of 2024
+1 CC to M/s.K.SATHISH KUMAR, Advocate ( SR-10919[I] dated 05/09/2024 )
ORDER
IN
CRL OP(MD) No.14827 of 2024

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CRL OP(MD)/14827/2024 of Nallasamy Vs The State of Tamilnadu - Madras High Court (Madras High Court)