Karuppaiah 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 Karuppaiah ... Petitioner/Accused No.1 Vs The State of Tamilnadu, Rep By, The Inspector of Police, Karuppayurani Police Station, Madurai District, Cr.No.102/2024..
... Respondent/Complainant For Petitioner : Mr.Ramkumar.A, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.102/2024 on the file of the respondent police. 1/5
ORDER : The Court made the following order :- The petitioner / Accused No.1, who was arrested and remanded to judicial custody on 16.10.2024 for offences under Sections 191(2), 191(3), 296(b), 126(2), 103(1), 351(3) of BNS, 2023 in Crime No.102 of 2024, on the file of the respondent Police, seeks bail.
2. The case of the prosecution is that the son of A1 was murdered by the family members of the defacto complainant 20 days prior to the present occurrence. As a retaliation, the accused persons are said to have formed as an unlawful assembly on 15.10.2024 at about 7.15 a.m. and attacked the defacto complainant and the deceased indiscriminately. As a result of which, the deceased died on the spot. There are totally 6 accused persons in this case and the petitioner has been arrayed as A1.
3. The learned Additional Public Prosecutor appearing for the respondent Police on oral instructions from Mr.D.Raja, Head Constable 278, Karuppayoorani Police Station, Madurai District submitted that the charge sheet has not been filed till date in this case.
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4. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.
5. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioner was remanded to judicial custody on 16.10.2024 and since ninety days time is over, the petitioner is entitled for statutory bail in this case, this Court is inclined to grant bail to the petitioner subject to the following conditions.
6. 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 No.II, Madurai 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 Trichy and report before the Inspector of Police, Fort Police Station, Trichy, daily 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.
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[d] the petitioner 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 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/- 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 MADURAI 2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE OFFICER INCHARGE, DISTRICT PRISON, DINDIGUL.
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4 THE INSPECTOR OF POLICE, KARUPPAYURANI POLICE STATION, MADURAI DISTRICT 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE INSPECTOR OF POLICE, FORT POLICE STATION, TRICHY.
ORDER
IN CRL OP(MD) No.1190 of 2025 Date :23/01/2025 SS/SAR- /23/01/2025/ 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5