Saravanapandi @ Saravanapandiyan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Saravanapandi @ Saravanapandiyan ... Petitioner/Accused No.2 Vs The State of Tamilnadu, Rep. by the Inspector of Police, Pudukkottai Town Police Station, Pudukkottai.

(Crime No.181/2024) ... Respondent/Complainant 2.Rani ... Petitioner / Proposed 2nd Respondent / Defacto Complainant in CRL MP(MD) No.9765 of 2024 For Petitioner :

M/s.D.Rameshkumar, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor For Intervener :

Mr.NA.Palaniyandi, Advocate.

PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.181/2024 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner/A2, who was arrested and remanded to judicial custody on 10.07.2024 for the offences punishable under Sections 296(b) and 109 of Bns, 2023 @ 296(b), 103(1), 61(2), 49, 3(5) of BNS Act, in Crime No.181 of 2024 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that due to previous motive, the petitioners and the other accused are said to have attacked the deceased and caused death. Hence, the complaint.

3.Heard both sides.

4.The learned counsel for the Intervener would submit that it is a daylight murder case and CCTV footage are also available wherein the petitioner is only taking the prime accused to the scene of occurrence and also taking him back after the commission of crime. Hence, he vehemently, opposed to grant bail to the petitioner.

5.Considering the nature of the allegations that it is a daylight murder case and considering the fact that the allegation against the petitioner that he carried the accused No. 2 & 3 from to the scene of crime and also considering the facts that the petitioner is in jail from 10.07.2024 and the investigation is almost complete and the charge sheet is about to be filed, this Court is inclined to grant bail to the petitioner 2/5

on certain conditions.

6.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 Judicial Magistrate No.I, Pudukkottai.

(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 stay at Madurai and report before the Thallakulam Police Station daily at 10.30 a.m., for a period of six weeks and thereafter, as and when required for interrogation;

(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]. 3/5

vi)If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 13/09/2024 / TRUE COPY / 13/09/2024 Sub-Assistant Registrar ( AD II ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS To 1.The Judicial Magistrate No.I, Pudukkottai.

2.Do through the Chief Judicial Magistrate, Pudukkottai District.

3.The Inspector of Police, Pudukkottai Town Police Station, Pudukkottai.

4.The Officer Incharge, District Prison, Pudukkottai.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:

The Inspector of Police, Thallakulam Police Station, Madurai.

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+1 CC to M/s.NA.PALANIYANDI, Advocate ( SR-11322[I] dated 13/09/2024 )

ORDER

IN CRL OP(MD) No.15014 of 2024 Date :13/09/2024 ED/ /SAR- (13/09/2024) 5P / 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5