P.Dharmasundar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY P.Dharmasundar, ... Petitioner/2nd Accused Vs The Inspector of Police, Melur Police Station, Madurai.

Crime No. 293/2024.

... Respondent/Complainant For Petitioner : M/s. Senthil Kumaraiah.J, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SECTION 483 OF BNSS PRAYER :- For Bail in Crime No. 293 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 on 21.05.2024 for the offences punishable under Sections 201 and 302 I.P.C, in crime No.293 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that A1 and the petitioner herein, who is the paramour of A1, had murdered the daughter of A1, victim minor girl. Hence, the case.

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3. Heard the learned counsel on either side and perused the material records of the case.

4.Considering the facts and circumstances of the case and also considering the nature of allegation that the petitioner is the paramour of A1 and they killed the child because it happened to see them together and that the petitioner was arrested on 21.05.2024 and that A1 is already released on bail and the fact that there are no bad antecedents against the petitioner, I am inclined to grant bail to the petitioner on 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 Judicial Magistrate, Melur, Madurai District; (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 report before the respondent police daily at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation. It is made clear that no relaxation of the condition for the said period will be entertained by this court;

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(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 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 229A IPC.

sd/- 19/08/2024 / TRUE COPY / 19 / 08 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO

1. THE JUDICIAL MAGISTRATE, MELUR, MADURAI DISTRICT;

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

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3. THE INSPECTOR OF POLICE MELUR POLICE STATION, MADURAI.

4. THE SUPERINTENDENT, CENTRAL JAIL, MADURAI.

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

+1 CC to M/s.J.SENTHIL KUMARAIAH, Advocate ( SR-10077[I] dated 19/08/2024 )

ORDER

IN CRL OP(MD) No.13548 of 2024 Date :19/08/2024 PSP/ /SAR /19.08.2024/ 4P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4