Bharath Chakkaravarthy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Bharath Chakkaravarthy ... Petitioner/Accused No.4 Vs The Inspector of Police, Sipcot Police Station, Thoothukudi District.

Cr.No.289 of 2023.

... Respondent/Complainant For Petitioner :

Mr.K.Suyambulinga Bharathi, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SEC 483 of BNSS PRAYER :- For bail in Crime No.289 of 2023 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 on 21.11.2023 for the offences punishable under Sections 147, 148, 452, 302 and 506(ii) of IPC @ 147, 148, 452, 302, 506(ii), 120(b), 114r/w 34 of IPC, in crime No.289 of 2023, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that due to previous motive between the parties, 1/4

the petitioner and other accused persons conspired together and they attacked the deceased with deadly weapons. Hence, the complaint. 3.Heard the learned counsel on either side and perused the material records of the case.

4.Since this is a case of serious nature involved in double murder, only considering the fact that the trial has not commenced and it may take a while for completion of trial and also considering the role played by A-4 and that he does not have any bad antecedent, I am inclined to enlarge the petitioner on bail with certain conditions.

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 Sessions Judge, Mahila Court, Thoothukudi. [a] the petitioner and 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 trial Court on all hearing dates without fail.

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[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial. [e] 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 09/09/2024 / TRUE COPY / 09/09/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

jbr TO 1 THE SESSIONS JUDGE, MAHILA COURT, THOOTHUKUDI. 2 THE INSPECTOR OF POLICE, SIPCOT POLCICE STATION, THOOTHUKUDI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

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

+1 CC to M/s.K.SUYAMBULINGA BHARATHY, Advocate ( SR-11037[I] dated 09/09/2024 )

ORDER

IN CRL OP(MD) No.13458 of 2024 Date :09/09/2024 RS//SAR-(09.09.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4