Perumal 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 Perumal ... Petitioner/Sole Accused Vs The Inspector of Police, Sawyerpuram Police Station, Thoothukudi District.
(Crime No.106/2024.) ... Respondent/Complainant For Petitioner :
M/s. Raamakrishnan.Ka, Advocate.
For Respondent :
Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 106 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 14.07.2024 for the offences punishable under Section 103(1) BNS, 2023, in crime No.106 of 2024 on the file of the respondent police, seeks bail. 1/4
2. The case of the prosecution is that due to previous motive, the petitioner attacked the deceased with wooden log on the head and caused fatal injuries. 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 allegations that on account of the non-employment of the petitioner, the petitioner attacked the deceased with the wooden log on the head and caused the fatal injuries and considering the fact that the petitioner is in jail from 14.07.2024 and considering the age of the petitioner that he is aged 74 years, and that there are no other bad antecedents against the petitioner and that the investigation is almost completed, 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.I, Thoothukudi, Thoothukudi 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; 2/4
(ii)the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three 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;
(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 / 02/09/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
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To 1.The Judicial Magistrate No.I, Thoothukudi, Thoothukudi District.
2.Do through the Chief Judicial Magistrate, Thoothukudi District.
3.The Inspector of Police, Sawyerpuram Police Station, Thoothukudi District.
4.The Officer Incharge, District Prison, Perurani, Thoothukudi, Thoothukudi District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.KA.RAAMAKRISHNAN, Advocate ( SR-10736[I] dated 02/09/2024 )
ORDER
IN CRL OP(MD) No.14581 of 2024 Date :02/09/2024 ED/ /SAR- (02/09/2024) 4P / 7 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4