Kumar 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 Kumar ... Petitioner/Accused Vs The State of Tamilnadu, Rep. by the Inspector of Police, Batlagundu Police Station, Dindigul District.

Cr.No.259 of 2014 ... Respondent/Complainant For Petitioner : Mr.M.Suresh, Advocate For Respondent : Mr.B. Thanga Aravnidh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioner on bail in connection with the S.C.No.51 of 2018 pending on the file of the learned Additional District and Sessions Court at Dindigul and thus render justice.

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ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 13.12.2024 for the offences under sections 147, 148, 342, 302 r/w. 149 IPC in Crime No.259 of 2014 on the file of the respondent police in S.C.No.51 of 2018 on the file of the Additional District and Sessions Court, Dindigul and seeks bail

2. The case of the prosecution is that the deceased is a mentally disordered person and when he went to the village of the accused during night hours, suspecting that he came to the village to commit an offence, the petitioner herein along with other accused attacked him and committed the murder of the deceased. Hence, the case.

3. The learned counsel for the petitioner would submit that due to non appearance of the petitioner on 28.06.2023, NBW was issued against the petitioner and that he has been arrested and remanded to judicial custody on 13.12.2024. He further submits that since the petitioner went to Kerala Estate for his avocation he did not appear before the concerned Court. Hence, he seeks bail.

4. The learned Government Advocate (Crl. side) appearing for the respondent - Police submits that that there is no previous case pending against the petitioner. However, he opposed to grant bail to the petitioner. 2/5

5. Taking into consideration the facts and circumstances of the case and also the fact that there is no previous case pending against the petitioner and also taking into consideration of the fact the petitioner has been in judicial custody since 13.12.2024, 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 Additional District and Sessions Court, Dindigul 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 before the Additional District and Sessions Court, Dindigul on all working days at 10.00 am until further orders. The petitioner shall appear before the concerned Court on all hearing dates without fail. [c] the petitioner shall submit his residential address and contact number before the Additional District and Sessions Court, Dindigul. If he changes the residence, he shall inform the same to the concerned Court without fail. [d] the petitioner shall not abscond either during investigation or trial; 3/5

[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.

TRP TO

1. THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, DINDIGUL

2. THE OFFICER INCHARGE, DISTRICT PRISON, DINIDIGUL.

3. THE INSPECTOR OF POLICE, 4/5

BATLAGUNDU POLICE STATION, DINDIGUL DISTRICT.

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

ORDER

IN CRL OP(MD) No.9236 of 2025 Date :04/06/2025 HPS/05.06.2025 /5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5