Arasu @ Anbarasu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Arasu @ Anbarasu, ... Petitioner/Accused rank not known Vs The Inspector of Police, Koodankulam Police Station, Tirunelveli District.
Crime No. 196/2024.
... Respondent/Complainant For Petitioner : Mr.M.Maharaja, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS, 2023 U/s 439 of Cr.P.C. PRAYER :- For Bail in Crime No. 196 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The respondent police registered a case as against the petitioner in Crime No.196 of 2024 for the offence under Sections 120(B), 341, 342, 294(b), 324, 307, 302 1/5
and 506 (ii) I.P.C @ into Sections 120(B), 341, 342, 294(b), 324, 307, 302, 506(ii), 147, 148 and 149 I.P.C. and remanded them into judicial custody on 15.06.2024. Therefore, the petitioner have filed this petition seeking bail.
2. The case of the prosecution is that due to previous enmity, on 08.05.2024, the accused have waylaid the defacto complainant and his father, attacked them using sickle and caused grievous injury. Both went to the hospital and there, it is declared that the defacto complainat's father is brought dead. Hence the case.
3. The learned counsel for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution. Based on the confession statement of one of the co-accused, the petitioner is implicated in this case. However, he has been arrested and they are languishing in jail from 15.06.2024. Therefore, he prays for grant of bail.
4. The learned Additional Public Prosecutor appearing for the respondent submits that no previous case is pending against the petitioner . He further submits that co-accused has already been arrested and released on bail. 2/5
5. Considering the facts and circumstances of the case, the period of incarceration and also considering the antecedent of the petitioner, this Court is inclined to grant bail to the petitioner .
6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail with certain conditions: i) on the petitioner executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Radhapuram, Tirunelveli Disrict; ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;
iii) The petitioner shall appear before the respondent Police, daily at 10.30 a.m. and 05.30 pm until further orders. He has to co-operate for the investigation. iv) The petitioner shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. He shall be available for the trial as well.
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v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail. sd/- 19/07/2024 / TRUE COPY / 22/07/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
LS TO 1 THE JUDICIAL MAGISTRATE, RADHAPURAM, TIRUNELVELI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.
3 THE INSPECTOR OF POLICE KOODANKULAM POLICE STATION, TIRUNELVELI DISTRICT.
4 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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ORDER
IN CRL OP(MD) No.10790 of 2024 Date :19/07/2024 SS/SAR- /22/07/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5