Madras High CourtCRL OP(MD)/1717/2025allowed

Sivaperumal @ Manju v. State Of Tamil Nadu

2025-01-29Honourable Mr Justice N. Anand Venkatesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Sivaperumal @ Manju W/o.Arockiyaraj ... Petitioner/Accused No.2 Vs The State of Tamil Nadu represented by the Inspector of Police, Seidunganallur Police Station, Thoothukudi District.

(Crime No.24 of 2024) ... Respondent / Complainant For Petitioner : Mr.R.L.Dhilipan Pandian, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS,2023. PRAYER :- For Bail in Crime No.24 of 2024 on the file of the respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner / Accused No.2, who was arrested and remanded to judicial custody on 12.02.2024 for the alleged offences under Sections 341, 294(b), 302 and 506

(2) and altered as 147, 148, 294(b), 302 and 120(b) of IPC, in Crime No.24 of 2024, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the accused persons restrained the deceased and abused him in filthy language and attacked him with aruval resulting in his demise. There are totally 3 accused persons in this case and the petitioner has been arrayed as A2.

3. The petitioner had filed earlier bail application in Crl.OP(MD).No.18159 of 2024 and the same was dismissed by this Court on 22.10.2024 considering the nature of allegations made and also considering the fact that there were four previous cases against the petitioner, out of which, one case is a murder case which is said to have been committed on the same day when this offence took place. The present bail application has been filed on the ground that the charges have been framed and that A3 was enlarged on bail by this Court on 08.01.2025 passed in Crl.OP(MD).No.20851 of 2024.

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4. Heard the learned counsel on either side and perused the material records of the case.

5. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioner has suffered incarceration from 12.02.2024 and also considering the fact that the investigation has already been completed and the police report has been filed and the charges have also been framed and also considering the fact that A3 was enlarged on bail by this Court in Crl.OP(MD). No.20851 of 2024 by an order dated 08.01.2025 and also taking note of the fact that there are no previous cases against the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on her 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 Court No.II, Srivaikundam 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 Book to ensure their identity.

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[b] the petitioner shall report before the learned II Additional District and Sessions Judge, Thoothukudi daily at 10.30 a.m. apart from the hearing dates 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/- 29/01/2025 / TRUE COPY / 29/01/2025 Sub-Assistant Registrar (VIGILANCE) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1.THE JUDICIAL MAGISTRATE COURT NO.II, SRIVAIKUNDAM, THOOTHUKUDI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI.

3.THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, THOOTHUKUDI.

4.THE OFFICER-IN-CHARGE, DISTRICT PRISON, THOOTHUKUDI, THOOTHUKUDI DISTRICT.

5.THE INSPECTOR OF POLICE, SEIDUNGANALLUR POLICE STATION, THOOTHUKUDI DISTRICT.

6.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.1717 of 2025 Date :29/01/2025 RK (29/01/2025) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5