Vignesh v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.11.2024

CORAM

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

State represented by, The Inspector of Police, Edapadi Police Station, Salem District.

(Crime No. 248 of 2024).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in Crime No.248 of 2024 on the file of the respondent Police.

For Petitioner : Mr.M.Vijaya Ragavan For Respondent : Mr.S.Balaji Government Advocate (Crl.Side)

O R D E R

The Petitioner, who was arrested and remanded to judicial custody on 19.09.2024, for the alleged offence punishable under Sections 103(1) of 1/6

BNS, 2023 in Crime No.248 of 2024, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 19.09.2024 at about 9.50 p.m., the petitioner, under intoxication misbehaved with the deceased Valliyammal, aged 80 years, when she raised alarm, the petitioner assaulted her with a bill-hook, pressed her neck and murdered her. Hence, the complaint.

3. Learned counsel appearing for the petitioner submitted that this is the second bail petition filed by the petitioner. He further submits that the petitioner is an innocent person and he has been falsely implicated in this case. He has not committed any offence as alleged in the FIR. He further submit that the petitioner was arrested and is in judicial custody from 19.09.2024 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

property dispute, the petitioner in a drunken mood, misbehaved with the deceased, aged 80 years, when she raised alarm, the petitioner assaulted her with a bill-hook and murdered her. He further submits that the deceased died on the spot. He further submits that the petitioner has no previous case pending against him and the investigation is still pending. Hence, 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 representation made by both side counsel, nature of offence, considering the period of incarceration undergone by the petitioner from 19.09.2024, material part of the investigation is also completed, 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 learned District Munsif cum Judicial Magistrate, Edapadi, Salem District, and on further conditions that:- [a] the petitioner shall report before the respondent police daily 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 4/6

himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; and [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

20.11.2024 drl To 1.The District Munsif cum Judicial Magistrate, Edapadi, Salem District.

2.The Inspector of Police, Edapadi Police Station, Salem District.

3.The Superintendent, Central Prison, Salem.

4.The Public Prosecutor, High Court of Madras.

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P.DHANABAL, J.

drl 20.11.2024 6/6