Madras High CourtCRL OP(MD)/8848/2025allowed

Parameshwaran v. The State Of Tamil Nadu

2025-05-21Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/05/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Parameshwaran, S/o.Ramachandran, Eruthukara Street, Ayyampettai, Papanasam Taluk, Thanjavur District..

... Petitioner/Accused No.3 Vs The State of Tamil Nadu, Rep.By, the Inspector of Police, Ayyampettai Police Station, Thanjavur District.

(Crime No.1011 of 2024).

... Respondent/Complainant For Petitioner : M/s.K.M.Karunakaran, Advocate.

For Respondent : Mr.R.M.Anbunithi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.1011 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- 1/5

The petitioner / Accused No.3, who was arrested and remanded to judicial custody on 09.12.2024 for the offences punishable under Sections 103, 126(2), 296(b), 351(3) of BNS, 2023 @ Sections 103, 126(2), 296(b), 351(3), 61(2)(a) of BNS, 2023 in Crime No.1011 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to previous enmity, the petitioner conspired with other accused and they waylaid the deceased and also attacked him with sickle and sword. The deceased sustained severe injuries and thereby, he died. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in custody from 09.12.2024. Hence, he seeks bail.

4. The learned Additional Public Prosecutor would submit that the petitioner conspired with other accused and they waylaid the deceased and also attacked him with sickle and sword. The deceased sustained severe injuries and thereby, he died. He would further submit that co-accused in this case already released on bail and the investigation has been completed and charge sheet was filed before the concerned Court and the same has been taken on file as P.R.C.No.6 of 2025 and the petitioner is having four previous cases.

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5. Taking into consideration the facts and circumstances of the case and the fact that charge sheet has been filed before the concerned Court and also taking into consideration the period of incarceration, 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 his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate No.III, Thanjavur 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 appear and sign before the concerned jurisdictional Magistrate on all working days at 10.30 a.m., until further orders. [c] the petitioner shall not abscond either during investigation or trial. [d] the petitioner shall not tamper with evidence or witness 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 3/5

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 BNS.

sd/- 21/05/2025 / TRUE COPY / 22/05/2025 Sub-Assistant Registrar (V) Madurai Bench of Madras High Court, Madurai - 625 023.

CP/LS TO

1. The Judicial Magistrate No.3, Thanjavur.

2. Do-Through The Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

3. The Superintendent, Central Prison, Trichy.

4. The Inspector of Police, Ayyampettai Police Station, Thanjavur District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-5588[I] dated 21/05/2025 )

ORDER

IN CRL OP(MD) No.8848 of 2025 Date :21/05/2025 4/5

NBF/22.05.2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5