N.Muthulakshmi v. State Of Tamilnadu Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN

1. N.Muthulakshmi

2. K.Murugan ... Petitioners Vs.

The State represented by, The Inspector of Police, Udumalpet Police Station, Tiruppur District.

(Crime No.834 of 2024).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioners on bail, in connection with the Crime No.834 of 2024, pending investigation on the file of the respondent Police. For Petitioners : M/s.C.S.Saravanan For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioners, who were arrested and remanded to judicial custody on 20.02.2025, seeking bail in Crime No.834 of 2024 registered for the offence under Sections 194 of BNSS @ 105 of BNS, 2023 ( 174 of Cr.P.C @ 304 of IPC). 1/6

2. The case of the prosecution is that the deceased is the husband of the 1st petitioner; that deceased in a drunken mode used to quarrel with the 1st petitioner frequently, due to which there was a matrimonial differences between them; that on the date of occurrence, 1st petitioner along with the 2nd petitioner, who is the brother-in-law of the 1st petitioner attacked the deceased, due to which the deceased sustained injuries and died on the spot. Hence, the case.

3. Learned counsel appearing for the petitioners submitted that the allegations are false; that the petitioners are in custody from 20.02.2025 and further custody is not required for the purpose of investigation. Hence, he prayed for grant of bail to the petitioners.

4. Learned Government Advocate (Crl.Side) reiterated the prosecution case and submitted that the is no previous cases against the petitioners.

5. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

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6. Considering, the nature of allegations; period of incarceration; the fact that there are no bad antecedents against the petitioners and since further custody is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail on is executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Udumalaipet 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 petitioners shall report before the respondent police everyday at 10.30 a.m., until further orders;

[c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners shall not tamper with evidence or 3/6

witness 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 B.N.S.

24.03.2025 Sma To

1. Judicial Magistrate No.I, Udumalaipet.

2.The Inspector of Police, Udumalpet Police Station, Tiruppur District.

3. The Superintendent, Central Prison ( Women Wing), Coimbatore.

4. The Public Prosecutor, 4/6

High Court of Madras.

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SUNDER MOHAN., J.

Sma 24.03.2025 6/6