Yesukavibalan Vs State of Tamil Nadu

The petitioner / Accused No.2, who was arrested and remanded to judicial custody on 27.11.2024 for the alleged offences under Sections 304(2) of BNS in Crime No.859 of 2024, on the file of the respondent police, seeks bail.

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The case of the prosecution is that the petitioner and another accused person https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.22697 of 2024

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had stolen a two wheeler and thereafter, they were involved in chain snatching. The petitioner has been arrayed as A2.

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Heard the learned counsel on either side and perused the material records of the case.

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Taking into consideration the facts and circumstances of the case and considering the age of the petitioner and also taking note of the fact that the petitioner has suffered incarceration from 27.11.2024 and the investigation has been completed and both the chain and two wheeler have been recovered and the incident had been captured in CCTV footage and also taking note the fact that there are 4 pervious cases against the petitioner, out of which, 3 cases are similar in nature, this Court is inclined to grant bail to the petitioner subject to the following conditions:

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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, Thiruvidaimaruthur, Thanjavur District, and on further conditions that:-

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[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.

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[b] the petitioner shall report before the learned Judicial Magistrate, https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.22697 of 2024

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Thiruvidaimaruthur, Thanjavur District daily at 10.30 a.m. and before the respondent police daily at 05.30 p.m. until further orders.

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[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[d] the petitioner shall not abscond either during investigation or trial.

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[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial

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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].

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

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sd/02/01/2025 / TRUE COPY /

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02/01/2025

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Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

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pal TO

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1 THE JUDICIAL MAGISTRATE, THIRUVIDAIMARUTHUR, THANJAVUR DISTRICT.