Irulandi v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Irulandi, S/o. Muniyandi, Subramainyapuram, Kundayirappu, Virudhunagar District.
... Petitioner/Sole Accused Vs The State of Tamilnadu, Rep. By the Inspector of Police, Alangulam Police Station, Virudhunagar District.
Crime No. 1/2025.
... Respondent/Complainant For Petitioner : Mr.M.Pandian, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For bail in Crime No. 1 of 2025 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 01.01.2025 for the alleged offences under Sections 296(b), 115(2), 118(1), 351(3) of 1/4
BNS @ 296(b), 115(2), 118(1), 351(3) and 105 of BNS in Crime No.1 of 2025, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 31.12.2024 at about 11.30 a.m., there was a wordy quarrel between the defacto complainant's wife and the petitioner. The defacto complainant intervened and he was pushed down and as a result, hit the paver block and thereby, he sustained head injuries. He was taken to the hospital and was taking treatment. Unfortunately, he succumbed to the injuries on 14.01.2025.
3. Heard the learned counsel on either side and perused the material records of the case.
4. Taking into consideration the facts and circumstances of the case and considering the manner in which this incident had taken place and considering the fact that the petitioner has suffered incarceration from 01.01.2025 and there are no previous cases against the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:
5. Accordingly, the petitioner is ordered to be released on bail on his 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, Sattur and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the 2/4
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 and Friday 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/- 30/01/2025 / TRUE COPY / 30/01/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
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TSG TO 1 THE JUDICIAL MAGISTRATE NO.II, SATTUR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE OFFICER INCHARGE, DISTRICT JAIL, VIRUDHUNAGAR.
4 THE INSPECTOR OF POLICE, ALANGULAM POLICE STATION, VIRUDHUNAGAR DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.M.PANDIAN, Advocate ( SR-1125[I] dated 30/01/2025 ) ORDER IN CRL OP(MD) No.1916 of 2025 Date :30/01/2025 SA/SA/SAR. /30.01.2025/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4