Aravindh v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH
1. Aravindh,
2. Balakrishnan, ... Petitioners 1 & 2/Accused Nos.2 and 3 Vs The State of Tamilnadu, Rep. by the Inspector of Police, Ettayapuram Police Station, Thoothukudi District.
(In Crime No. 237 of 2024, Dated 29.10.2024).
... Respondent/Complainant For Petitioners : Mr.Ponaravind.K, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.237/2024. on the file of the respondent police. 1/5
ORDER : The Court made the following order :- The petitioners / Accused Nos.2 & 3, who were arrested and remanded to judicial custody on 30.10.2024 for offences under Sections 103(1), 238 and 3(5) of BNS, 2023 in Crime No.237 of 2024, on the file of the respondent Police, seek bail.
2. The case of the prosecution is that the deceased was a notorious rowdy and he was causing trouble to the family of A1. He also happens to be the son of A1. Hence A1 along with his sons A2 and A4 and driver (A3) decided to do away with him. Accordingly, the deceased was murdered by the accused persons and the body was also burnt. The incident came to light subsequently on 29.10.2024. Based on the same, an FIR was registered against four named accused persons. The petitioners have been arrayed as A2 and A3.
3. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent Police.
4. Taking into consideration the facts and circumstances of the case and considering the fact that the entire case is sought to be established by the 2/5
prosecution through circumstantial evidence and also considering the fact that the petitioners have suffered incarceration from 30.10.2024 and there are no previous cases against the petitioners and this Court had already enlarged Accused No.4 on bail in Crl.O.P.(MD).No.22517 of 2024 by an order dated 19.12.2024, this Court is inclined to grant bail to the petitioners subject to the following conditions.
5. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each, with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Kovilpatti 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 petitioners shall report before the respondent Police every Monday and Friday at 10.30 a.m., until further orders.
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
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[d] the petitioners shall not abscond 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/- 23/01/2025 / TRUE COPY / 23/01/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO 1 THE JUDICIAL MAGISTRATE NO.II KOVILPATTI 4/5
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI TIRUNELVELI DISTRICT. 4 THE INSPECTOR OF POLICE, ETTAYAPURAM POLICE STATION, THOOTHUKUDI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.1187 of 2025 Date :23/01/2025 SS/SAR- /23/01/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5