Sadaimuni @ Kokku v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Sadaimuni @ Kokku ... Petitioner/Accused Vs The Inspector of Police, Manamadurai Police Station, Sivagangai District.
Crime No. 65/2014 ... Respondent/Complainant For Petitioner :
M/s.S.Ananthamurugan, Advocate.
For Respondent :
Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SEC 483 of BNSS PRAYER :- For Bail in Crime No.65 of 2014 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A3 has filed this petition seeking for bail. A case in Crime No.65 of 2014 was registered for the offences under Sections 147, 148, 341, 294(B), 302 r/w 34 of BNS on the file of the respondent police. 2.The case of the prosecution is that the petitioner along with other accused 1/4
persons formed themselves into unlawful assembly with deadly weapons and wrongfully restrained the deceased, abused him in filthy language and also committed murder of the deceased. In this case, investigation has been completed and final report has already been filed before the concerned Court in S.C.No.114 of 2022.
3.Heard. Perused the materials available on record including the First Information Report.
4.Considering the facts that the petitioner was already granted bail and for one hearing, he was absent and therefore, in execution of the Non-Bailable Warrant, he was arrested, this court is inclined to grant bail to the petitioner , subject to the following conditions:
[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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, Manamadurai, Sivagangai District, and on further conditions that: [b] 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.
[c] the petitioner shall appear before the trial Court for all the hearings without 2/4
fail.
[d] the petitioner shall not commit any offences of similar nature. [e] the petitioner shall not abscond either during investigation or trial. [f] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[g] On breach of any of the aforesaid conditions, the learned Judicial 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]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 16/08/2024 / TRUE COPY / 16/08/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
SJI TO 1 THE JUDICIAL MAGISTRATE, MANAMADURAI, SIVAGANGAI DISTRICT. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.
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3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 4 THE INSPECTOR OF POLICE, MANAMADURAI POLICE STATION, SIVAGANGAI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.13394 of 2024 Date :16/08/2024 RS//SAR-(16.08.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4