Uthayakumar v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.09.2024

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL Uthayakumar ... Petitioner Vs.

The State represented by, The Inspector of Police, Jayakondam Police Station, Ariyalur District.

(Crime No. 280 of 2024).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., pleased to enlarge the petitioner on bail, in Crime No. 280 of 2024 on the file of the respondent Police.

For Petitioner : Mr.K.C.Panneerselvam For Respondent : Mr.S.Vinothkumar Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody 1/6

on 21.08.2024, for the alleged offence punishable under Section 194 of BNSS altered to 108 BNS Act, in Crime No.280 of 2024, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 13.08.2024 at about 9.00 a.m., due to property dispute, there was a wordy quarrel between the deceased and the defacto complainant's brother, due to which, the deceased consumed poison and later she died. Hence, the complaint.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and due to family dispute, he has been falsely implicated in this case. He has not committed any offence as alleged in the FIR. He further submits that the petitioner was arrested and is in judicial custody for more than 20 days and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed bail for the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that on the date of the alleged occurrence, due to 2/6

a property dispute, there was a wordy quarrel between the deceased and the defacto complainant's brother, due to which, the deceased consumed poison, admitted to the hospital, and later she died. He further submit that the petitioner has no previous case pending against him. However, he opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the submissions made by the learned counsel on either side, and there is a property dispute between the parties and thereafter there was a wordy quarrel between them and the consumed poison, nature of offence, and also considering the period of incarceration undergone by the petitioner, and the petitioner has no previous case pending against him, and also considering all others factors, I am inclined to grant bail to the petitioner, subject to certain conditions.

7. 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) 3/6

with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate Court No.I, Jayakondam, and on further conditions that:- [a] the petitioner shall report before the respondent police everyday at 10.30 a.m, until further orders.

[b] the Petitioner shall not commit any offences of similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[c] the Petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

[d] the Petitioner shall not abscond either during investigation or trial;

[e] On breach of any of the aforesaid conditions, the learned Judicial 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]; and 4/6

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

13.09.2024 drl To 1.The Judicial Magistrate Court No.I, Jayakondam.

2.The Inspector of Police, Jayakondam Police Station, Ariyalur District.

3.The Superintendent, Sub Jail, Jayakondam.

4.The Public Prosecutor, High Court of Madras.

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P.DHANABAL, J.

drl 13.09.2024 6/6