Damodharan v. The State Of Tamilnadu Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.12.2024
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Damaodharan ... Petitioner Vs.
The State represented by, The Inspector of Police, Molasi Police Station, Namakkal District.
(Crime No.108 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.108 of 2024, pending investigation on the file of the respondent Police.
For Petitioner :
Mr.C.S.Saravanan For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
Petition seeking bail in respect of Crime No.108 of 2024 registered for the offence punishable under Section 103(1) of BNS, is on board for consideration.
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2. The incarceration of the petitioner being from 11.10.2024 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 further submits that the petitioner, who is the son of the deceased, has no intention or motive to cause the death of his father, however, the incident occurred only during the scuffle between them. He also submits that 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 it is the case of patricide, where, the petitioner, who used to quarrel with his father/deceased by asking for his share of the property, on the alleged date of occurrence, quarrelled with his father/victim and brutally assaulted him with a knife, due to which, the victim succumbed to injuries. He further submits that the investigation in this case is still pending.
4. Having heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record including the counter filed by the respondent Police 2/4
and considering the facts of the case and 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 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, Kumarapalayam, 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 stay at Chennai and report before the Inspector of Police, J2-Adyar Police Station, 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]; 3/4
A.D.JAGADISH CHANDIRA.,J.
ham [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
19.12.2024 ham To
1. The Judicial Magistrate, Kumarapalayam.
2. The Inspector of Police, Molasi Police Station, Namakkal District.
3. The Superintendent, Central Prison, Salem
4. The Public Prosecutor, High Court of Madras.
5. The Inspector of Police, J2-Adyar Police Station, Chennai.
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