Kalidoss v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Kalidoss, ... Petitioner/Accused No.3 Vs The Inspector of Police, Koodal Pudur Police Station, Madurai District.
(Crime No.222 of 2024).
... Respondent/Complainant For Petitioner : M/s. Kumaran.K, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SECTION 483 OF BNSS PRAYER :- For Bail in Crime No.222 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 19.05.2024 for the offences punishable under Sections 294(b), 342, 302 and 506(ii) I.P.C, in crime No.222 of 2024, on the file of the respondent police, seeks bail. 1/4
2.The case of the prosecution is that the petitioner and other accused had wrongfully restrained the deceased and stabbed him brutally by using knife and cased injuries, due to which, the deceased died on the spot. Hence, the complaint.
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 and the investigation being completed and charge sheet is filed and considering the fact that the petitioner was arrested on 19.05.2024 and there are no other bad antecedents as far as the petitioner is concerned, 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 Judicial Magistrate No.IV, 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 trial Court on every hearing date without fail;
2/4
(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/- 02/09/2024 / TRUE COPY / / 09 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
LS Note: It is stated that the charge sheet is filed before the learned Judicial Magistrate No.IV, Madurai, on 12.08.2024, in E-filing No.LIN202300000 346202400216,. Therefore, the copy of this order shall be placed before the learned Judicial Magistrate No.IV, Madurai and the concerned Magistrate is directed to verify and take the charge sheet on file immediately.
3/4
TO 1 THE JUDICIAL MAGISTRATE NO.IV, MADURAI DISTRICT.
2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3 THE INSPECTOR OF POLICE KOODAL PUDUR POLICE STATION, MADURAI DISTRICT.
4 THE SUPERINTENDENT CENTRAL PRISON CAMPUS- MADURAI.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.14485 of 2024 Date :02/09/2024 PSP/ /SAR /02.09.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4