Kalimuthu v. The State Of Tamil Nadu Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2024

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Kalimuthu ... Petitioner Vs.

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

(Crime No.232 of 2024).

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, in connection with Crime No.232 of 2024, pending investigation on the file of the respondent Police.

For Petitioner :

Mr.S.Saran Prasad For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

Petition seeking bail in respect of Crime No.232 of 2024 registered for the offences punishable under Sections 296(b), 118, and 351(3) of BNS is on board for consideration.

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2. The incarceration of the petitioner/A4 being from 11.11.2024 pleading innocence on the part of the petitioner and false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He also submits that the petitioner is no way connected with the alleged offence, however, he was arrested, since he happened to be friend of A1, who is the brother of the de facto complainant. He further submits that one of the co-accused has been enlarged on bail and the petitioner is ready to abide by any stringent condition that may be imposed by this court.

3. The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that there exists a property dispute between the de facto complainant and his brother/A1, due to which, the first accused along with other accused had abused the de facto complainant in filthy language and assaulted him with wooden logs causing injuries. He also submits that the injured has been discharged from the hospital and further, there is no previous case against the petitioner/A4 herein.

4. Having heard the learned counsel for the petitioner and the learned 2/6

Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, and taking note of the nature of allegation and also considering that there is no previous case against the petitioner, this court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail on his 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.II, Udumalpet, 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 petitioner shall report before the respondent Police, everyday at 06.30 p.m., until further orders;

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

[d] the petitioner shall not tamper with evidence or 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner released on 3/6

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 of B.N.S.

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To

1. The Judicial Magistrate No.II, Udumalpet.

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

3. The Superintendent, Sub Jail, Udumalpet.

4. The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA.,J.

ham 26.11.2024 6/6