Subbaiah Das v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Subbaiah Das ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Through the Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi District, (Crime No. 256/2024).
... Respondent/Complainant For Petitioner :
Mr.Ka.Raamakrishnan, Advocate.
For Respondent :
Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- for Bail in Crime No.256 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Sole Accused, who was arrested and remanded to judicial custody on 02.11.2024 for offences under Sections 296(B) and 103 of BNS in Crime No.256 of 2024, on the file of the respondent Police, seeks bail.
2. The case of the prosecution is that the defacto complainant is the father of 1/4
the deceased and there was a previous dispute between the accused and the family members of the defacto complainant. On 02.11.2024, the accused persons are said to have restrained the deceased and stabbed the deceased with knife on the neck.
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 manner in which the entire incident had taken place and considering the fact that the petitioner has suffered incarceration from 02.11.2024 and also taking note of the fact that there is a case and counter case pending investigation before the respondent Police in Crime Nos.255 and 256 of 2024 and taking note of the fact that there is one previous case 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, Thiruchendur, Thoothukudi 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 2/4
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 not tamper with evidence or witness either during investigation or trial.
[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 3/4
To 1.The Judicial Magistrate, Thiruchendur, Thoothukudi District.
2.Do through the Chief Judicial Magistrate, Thoothukudi District.
3.The Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi District.
4.The Officer Incharge, District Prison, Perurani.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.KA.RAAMAKRISHNAN, Advocate ( SR-705[I] dated 23/01/2025 )
ORDER
IN CRL OP(MD) No.1263 of 2025 Date :23/01/2025 ED/ /SAR- (23/01/2025) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4