Sasikumar 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 Sasikumar, ... Petitioner/Accused No.1 Vs The State of Tamilnadu, Rep. by the Inspector of Police, Malaiyur Police Station, Pudukkottai District.
(In Crime No. 198/2024).
... Respondent/Complainant For Petitioner : Mr.D.Rameshkumar, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.198/2024. 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 26.12.2024 for offences under Sections 296(b), 118(1), 326(g), 351(3) of BNS in Crime No.198 of 2024, on the file of the respondent Police, seeks bail.
2. The case of the prosecution is that the defacto complainant married the sister of A1 against the wishes of the family members. In view of the same, there was a previous enmity between the parties. On 13.11.2024, the accused persons are said to have thrown petrol bombs inside the house of the defacto complainant and as a result, the mother of the defacto complainant was injured. The two wheeler was also set on fire and the same was also damaged. There are totally 2 accused persons in this case and the petitioner has been arrayed as A1.
3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.
4. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioner has suffered incarceration from 26.12.2024 2/5
and also considering the fact that Accused No.2 was enlarged on bail by this Court in Crl.O.P.(MD).No.21464 of 2024 by an order dated 06.12.2024 and considering the fact that there are five previous cases against the petitioner, this Court is inclined to grant bail to the petitioner subject to 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, Karambakudi, Pudukkottai District 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 Madurai and report before the Tallakulam Police Station daily at 10.30 a.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/- 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 KARAMBAKUDI PUDUKKOTTAI DISTRICT 2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT. 3 THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKKOTTAI.
4 THE INSPECTOR OF POLICE, MALAIYUR POLICE STATION, PUDUKKOTTAI DISTRICT.
4/5
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.1249 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