Masanam v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Masanam ... Petitioner / Accused No.3 Vs The State of Tamil Nadu represented by the Inspector of Police, Sivagangai Town Police Station, Sivagangai District.
(Crime No.772 of 2024) ... Respondent / Complainant For Petitioner : Mr.S.Ananthamurugan Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS,2023. PRAYER :- For Bail in Crime No.772 of 2024 on the file of the respondent Police. 1/5
ORDER : The Court made the following order :- The petitioner / Accused No.8, who was arrested and remanded to judicial custody on 04.11.2024 for the alleged offences under Sections 191(2), 191(3), 103, 109, 351(3) of BNS, in Crime No.772 of 2024, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on the Deepavali day, A1 and two of his friends were riding two wheeler in a rash and negligent manner and the same was questioned by the deceased and his friends. Enraged by the same, A1 is said to have gone back to his village and gathered people numbering 15 and came back to the place and they all indiscriminately attacked the deceased and two others with deadly weapons. There are totally 15 accused persons in this case and the petitioner has been arrayed as A8.
3. Heard the learned counsel on either side and perused the material records of the case.
4. Taking into consideration the facts and circumstances of the case and considering the manner in which the incident had taken place and also taking note 2/5
of the fact that the petitioner has suffered incarceration from 04.11.2024 and there are no previous cases against the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:
9. 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) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Sivagangai, 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 Kambam and report before the Kambam South Police Station on everyday at 10.30.a.m., and 05.30.p.m., until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner shall not abscond either during investigation or trial. 3/5
[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 BNS, 2023.
sd/- 20/01/2025 / TRUE COPY / 20/01/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
SMA TO 1 THE JUDICIAL MAGISTRATE NO.I SIVAGANGAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI.
3 THE INSPECTOR OF POLICE, SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI DISTRICT.
4/5
4 THE OFFICER INCHARGE, DISTRICT PRISON, RAMANATHAPURAM.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE INSPECTOR OF POLICE KAMBAM SOUTH POLICE STATION, KAMBAM.
ORDER
IN CRL OP(MD) No.644 of 2025 Date :20/01/2025 SS/SAR- /20/01/2025/ 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5