Baskaran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Baskaran, ... Petitioner/Accused No.1 Vs The Inspector of Police, Iluppur Police Station, Pudukkottai District.
Crime No. 121/2024..
... Respondent/Complainant For Petitioner : M/s. Gurumoorthy.S, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 121 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody 1/5/
on 29.05.2024 for the offences punishable under Sections 294(b), 307, 506(2) and 302 IPC in Crime No. 121 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that due to land dispute, the petitioner herein and other accused have attacked the deceased with sickle on the head and body caused death injuries. Hence, the case.
3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent and perused the materials available on record.
4. Considering the nature of the allegations that the accused cut the deceased with an Aruval and then after admitting into hospital, the next day, the deceased succumbed and considering the fact that the petitioner was in settled possession in respect of a piece of land with reference to there was a dispute between the deceased and the petitioner and considering the arguments of the learned counsel for the petitioner that the deceased was also indulging in real estate business and considering the fact that the petitioner was arrested on 29.05.2024 and considering the fact that there is no bad antecedents against the petitioner, I am inclined to enlarge the petitioner on bail.
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5. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on 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, Iluppur.
(i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii)the petitioner shall appear before the respondent Police daily at 10.30 am for a period of four weeks and thereafter, as and when required for interrogation; (iii)the petitioner shall not tamper with evidence or witness; iv)the petitioner shall not abscond during trial. v)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]. (vi)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 08/08/2024 / TRUE COPY / 08/08/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO 1 THE JUDICIAL MAGISTRATE ILUPPUR.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, PUDUKKOTTAI.
4 THE INSPECTOR OF POLICE ILUPPUR POLICE STATION, PUDUKKOTTAI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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+1 CC to M/s.S.GURUMOORTHY, Advocate ( SR-9669[I] dated 08/08/2024 )
ORDER
IN CRL OP(MD) No.12890 of 2024 Date :08/08/2024 SS/SAR- /08/08/2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5/