Muniswaran v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Muniswaran ... Petitioner/Sole Accused Vs The Inspector of Police, Pudukottai Town Police Station, Pudukottai.

Crime No. 335/2024.

... Respondent/Complainant For Petitioner :

Mr.D.Rameshkumar, For Respondent :

Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.335 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 26.12.2024 for the offences under Sections 296(b) and 109(1) of BNS (hereinafter referred to as new penal code) in Crime No.335 of 2024 on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that the defacto complainant is the friend of the petitioner. The petitioner had engaged the services of the defacto complainant in order to assault his brother-in-law. After the incident, the defacto complainant was demanding for money from the petitioner. At one stage, the petitioner was enraged and he is said to have stabbed the defacto complainant on left side of his abdomen by using a sharp edged iron rod. As a result of which, the defacto complainant sustained grievous injuries.

3. The learned Additional Public Prosecutor appearing for the respondent police submitted that the defacto complainant was admitted in the hospital on 26.12.2024 and after a prolonged treatment, he was discharged from the hospital only on 21.01.2025. He further submitted that the respondent police is still awaiting the accident register and the investigation is pending. He also brought to the notice of this Court that there are no previous cases against the petitioner.

4. Heard the learned Counsel appearing on either side.

5. Taking into consideration the facts and circumstances of the case and considering the manner in which this incident had taken place and taking note of the fact that there are no previous cases against the petitioner and the injured has also been discharged from the hospital in this case, this Court is inclined to grant bail to the petitioner subject to the following conditions. 2/4

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.I, Pudukottai, 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 report before the respondent police every Monday, Wednesday and Friday at 10.30 a.m until further orders. [c] the petitioner shall appear before the trial Court during every hearing date without fail.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial. [f] 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]. 3/4

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS 2023.

sd/- 27/01/2025 / TRUE COPY / 27/01/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LR TO 1 THE JUDICIAL MAGISTRATE NO.I, PUDUKOTTAI.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.

3 THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKKOTTAI. 4 THE INSPECTOR OF POLICE, PUDUKOTTAI TOWN POLICE STATION, PUDUKOTTAI.

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

ORDER IN CRL OP(MD) No.1493 of 2025 Date :27/01/2025 RS/IT/SAR-(27.01.2025) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4