Vetrivel Alias Vetri Kumar v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Vetrivel Alias Vetri Kumar ... Petitioner/Accused No.4 Vs The State of Tamil Nadu,, Rep. by the Inspector of Police, Kadupatti Police Station, Madurai District.

(Cr. No. 131/2024).

... Respondent/Complainant For Petitioner :

Mr.Alaguraja.S, Advocate For Respondent :

Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 131 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner/A4, who was arrested and remanded to judicial custody on 07.10.2024 for the offences under Sections 126(2) and 103 of BNS (hereinafter 1/5

referred to as new penal code) in Crime No.131 of 2024 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that there was a property dispute between Accused No.1, who is the paternal uncle of the deceased and the deceased. The accused persons conspired and decided to do away with the deceased. Accordingly, on the date of occurrence, chilli powder was sprinkled in the face of the deceased and thereafter, he was attacked indiscriminately with knife and aruval and thereafter, he died. There are totally five accused persons in this case and the petitioner has been arrayed as Accused No.4. The specific overt act attributed is that Accused Nos.1, 3, 4 and 5 were present in the scene of crime and it is Accused No.2, who had conspired with the other accused persons to commit the crime.

3. Heard the learned Counsel appearing on either side.

4. Taking into consideration the facts and circumstances of the case and considering the fact that the investigation has already been completed and also taking note of the fact that there are no previous cases pending against the petitioner and also of the fact that this petitioner has already suffered incarceration from 07.10.2024 and also considering the fact that A2 and A5 were granted bail by this Court in Crl.O.P(MD)Nos. 21651 and 23095 of 2024, by orders dated 10.12.2024 and 27.12.2024 respectively, this Court is inclined to grant bail to the petitioner subject to 2/5

the following conditions.

5. Accordingly, the criminal original petition is ordered and the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Vadipatti, 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 daily at 10.30 a.m until further orders.

[c] the petitioner shall appear before the trial Court during every hearing date without fail.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial. [f] 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 3/5

in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS 2023.

sd/- 06/01/2025 / TRUE COPY / 06/01/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

LR To 1.The Judicial Magistrate, Vadipatti.

2.Do through the Chief Judicial Magistrate, Madurai District.

3.The Inspector of Police, Kadupatti Police Station, Madurai District.

4.The Superintendent, Central Prison, Madurai.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.ALAGURAJA, Advocate ( SR-111[I] dated 06/01/2025 ) 4/5

ORDER

IN CRL OP(MD) No.61 of 2025 Date :06/01/2025 ED/ /SAR- (06/01/2025) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5