Priya v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2024

CORAM

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

State rep. by Inspector of Police, Madukkarai Police Station, Coimbatore District.

(Crime No.322 of 2024) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.322 of 2024 on the file of the respondent Police, Madukkarai Police Station, Coimbatore.

For Petitioner :

Mr.Pradeep Jayaraman For Respondent :

Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

Petition seeking bail in respect of Crime No.322 of 2024 registered for the offences punishable under Sections 105 & 238(b) of BNS, 2023 is on board for consideration.

2.The incarceration of the petitioner being from 04.10.2024 pleading 1/4

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 offences and she 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 Additional Public Prosecutor appearing for the respondent police, opposing for grant of bail, is that due to a wordy altercation between the petitioner's son, namely, Karthick and his half-brother, namely, Manikandan, the petitioner's son is said to have attacked Manikandan, who sustained injuries and died. 4.

Having heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent Police and perused the materials available on record and considering the period of incarceration undergone by 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 her executing a bond for a sum of Rs.

ensure their identity;

[b] the petitioner shall report before the respondent Police, everyday at 10.30 a.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 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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A.D.JAGADISH CHANDIRA., J.

sai To 1.

The Judicial Magistrate, Madukkarai, Coimbatore.

2.

The Inspector of Police, Madukkarai Police Station, Coimbatore District.

3.

The Superintendent, Central Prison, Coimbatore.

4.

The Public Prosecutor, High Court of Madras.

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