Sankar @ Sankaralingam v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Sankar @ Sankaralingam ... Petitioner/Accused Vs The State of Tamilnadu, Rep. by the Inspector of Police, Thoothukudi South Police Station, Thoothukudi, Thoothukudi District.
Crime No. 198/2024.
... Respondent/Complainant For Petitioner : Mr. N.Pragalathan Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioner on bail in the case in S.C.No. 213/2024 on the file of the 2nd Additional District and Sessions Court, Thoothukudi in Crime No. 198/2024 on the file of the respondent police 1/5
ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 12.05.2024 for the offences under sections 147, 148, 294(b), 302 and 506(ii) IPC, in Crime No.198 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the deceased is the brother in law of the first accused. He operated a gym under the name "Indian Tiger Fitness Centre. The deceased's father passed away, leaving behind his three daughters and the deceased as legal heirs. The three daughters and the deceased had shares in the inherited property, but the deceased refused to partition it. Consequently, on 11.05.2024, at about 10.00 pm, the petitioner along with other accused persons unlawfully assembled with deadly weapons and attacked him with knife and aruval, thereby committing murder. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that co-accused have already been released on bail by this Court vide order, dated 07.03.2025 in Crl.O.P(MD).No.2796 of 2025. Hence, he seeks bail.
4. The learned Government Advocate (Crl. side) appearing for the respondent - Police submitted that there are 9 previous cases pending against the petitioner, 2/5
but, there is no murder case. He further submitted that investigation in this case has already been completed and the case has been committed to the Sessions Court and now, pending before the II Additional District and Sessions Judge, Thoothukudi in S.C.No.213 of 2024. Hence, he strongly, opposed to grant bail to the petitioner.
5. Taking into consideration the facts and circumstances of the case and also the fact that the co-accused have already been released on bail by this Court and that the case has been committed to the Sessions Court and also taking into consideration of the fact that the petitioner is in judicial custody from 12.05.2024, this court is inclined to grant bail to the petitioner, subject to the certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum to the satisfaction of the learned II Additional District and Sessions Judge, Thoothukudi, Thoothukudi, 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;
[b] the petitioner shall report before the respondent police daily at 10.30 am until further orders, except the dates of hearing before the trial Court. 3/5
[c] the petitioner shall submit his residential address and contact number before the II Additional District and Sessions Judge, Thoothukudi, Thoothukudi, Thoothukudi District. If he changes the residence, he shall inform the same to the concerned Magistrate without fail.
[d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not tamper with evidence or witness 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]; and [g] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 04/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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TRP TO
1. The II Additional District and Sessions Judge, Thoothukudi, Thoothukudi District 2 THE OFFICER INCHARGE, DISTRICT JAIL, PERURANI, THOOTHUKUDI DISTRICT.
3. The Inspector of Police, Thoothukudi South Police Station, Thoothukudi,Thoothukudi District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.8919 of 2025 Date :04/06/2025 MK/05.06.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5