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Bail granted /IN THE COURT OF THE PRINCIPAL DISTRICT ANDSESSIONS JUDGE, CHENGALPATTUPresent : Tmt.J.Mavis Deepika Sundaravadhana, M.A., M.L., Principal District and Sessions Judge, Chengalpattu.Date: Wednesday, the 04th day of September 2024.Crl.M.P. No.2467 of 2024(CNR No. TNKP01-004435-2024)Alexis @ Alexis Sudhakar, aged 49 years,

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IN THE COURT OF THE PRINCIPAL DISTRICT AND
SESSIONS JUDGE, CHENGALPATTU
Present : Tmt.J.Mavis Deepika Sundaravadhana, M.A., M.L., Principal District and Sessions Judge, Chengalpattu.
Date: Wednesday, the 04th day of September 2024.
Crl.M.P. No.2467 of 2024
(CNR No. TNKP01-004435-2024)
Alexis @ Alexis Sudhakar, aged 49 years,
S/o.Durai Raj .. Petitioner/Accused.
//Versus//
State of Tamilnadu,
Rep. by the Inspector of Police,
Mamallapuram Police Station,
Cr. No.334 of 2024 .. Respondent/Complainant
U/s.294(b), 353, 307, 506(ii), 34 IPC and Sec.25(1A), 25(1AA) and 27(2) of ARMS Act.
This petition has been filed U/s.480 r/w 483 of B.N.S.S. – 2023, praying to grant bail to the petitioner.
This petition coming on this day for final hearing before me, in the presence of M/s.K.Raghunath, the learned counsel for the petitioner/ accused, Thiru.R.Thirumurugan, the learned Public Prosecutor appearing for the respondent/complainant, and upon hearing both sides and upon perusal of case records, this Court made the following
O R D E R
This petition has been filed by the petitioner/accused, seeking bail concerned in Cr. No.334 of 2024 of Mamallapuram Police Station, which was registered for the alleged offences U/s.294(b), 353, 307, 506(ii), 34 IPC and Sec.25(1A), 25(1AA) and 27(2) of ARMS Act.
The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the said offence, however, the petitioner being an practicing Advocate – is in judicial custody for the past 70 days i.e., from 28.06.2024. He further submitted that, already the petitioner/accused was detained under Tamil Nadu Act 14 of 1982, however, the same was revoked by the Advisory Board, as per the order in G.O.Rt No.5964, dated 28.08.2024. Further, the co-accused was granted bail by this Court in Crl.M.P. No.1856 of 2024 dated 29.07.2024. That apart, the petitioner was arrested in some other case pertaining to Thudiyalur Police Station of Coimbatore District, however, in the said case, the petitioner was granted bail by the Principal District and Sessions Judge, Coimbatore in Crl.M.P. No.4793 of 2024 dated 30.08.2024 and prays to grant bail to the petitioner. He also filed the copy of the Advisory Board, and copy of order of the Principal District and Sessions Court, Coimbatore.
On the other hand, the learned Public Prosecutor submitted that, while the respondent police officials were at their regular patrol duty they intercepted a Car. At that time, one of the accused – who was seated in the front seat of the car, abused the police officials with filthy language, and attempted to shoot them using an un-licenced pistol, thereby, the accused have deter the public servant from discharging their Government duties. Hence, the police officials surrounded him and secured him and recovered the above pistol. Based on his confession, this petitioner/accused was arrested and prays for the dismissal of the petition.
Heard both sides and records perused.
It is alleged, while the police officials were on their regular patrol duty, they secured one accused who possessed with an unlicenced pistol. Based on his confession, this petitioner/accused was secured. It is submitted that, the detention order passed against the petitioner/accused was revoked by the Advisory Board by an order dated 28.08.2024. It is further submitted that the co-accused was granted bail by this Court in Crl.M.P. No.1856 of 2024 dated 29.07.2024. That apart, the petitioner is in judicial custody for the past 70 days. On considering the duration of custody, detention order has been revoked, co-accused was granted bail by this Court, facts and circumstances of the case, this Court is inclined to grant bail to the petitioner.
In the result, this petition is allowed with the following conditions:

  1. The petitioner/accused is ordered to be released on bail on his execution of bond for Rs.10,000/- with two sureties each for a like sum to the satisfaction of the District Munsif cum Judicial Magistrate, Thirukalukundram, with further condition that,
  • The petitioner/accused is directed to surrender his Original Indian passport before the District Munsif cum Judicial Magistrate, Thirukalukundram, for a period of one year;
  1. The petitioner is further directed to report before the Station House Officer, Pallavaram Police Station daily at 10.30 A.M. for a period of one month; thereafter, as and whenever required for interrogation;
  2. The petitioner shall not commit an offence of similar nature;
  3. The petitioner shall not abscond either during investigation or trial; if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. – 2023.
    Pronounced by me in the open Court, on this the 04th day of September 2024.
    Principal District and Sessions Judge,
    Chengalpattu
    To
    The District Munsif cum Judicial Magistrate, Thirukalukundram. The Inspector of Police, Mamallapuram Police Station, The Station House Officer, Pallavaram Police Station.
    The Superintendent, Central Prison, Puzhal, Chennai.

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