Arun @ Arunkumar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Arun @ Arunkumar, ... Petitioner/Sole Accused Vs The State of Tamilnadu, The Inspector of Police, Surandai Police Station, Tenkasi District.

Crime No.151 of 2024.

... Respondent/Complainant For Petitioner : M/s.Siva Tharshana.K, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.151 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 09.07.2024 for the offence punishable under Section 194 @ 296(b) and 105 of BNS, 1/4

in Crime No.151 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant is the father of the deceased. On the date of occurrence, there was a wordy altercation between the accused and the deceased. Suddenly, the accused is said to have thrown a stone at the deceased and caused head injuries. Due to which, he died. Hence, the complaint.

3. Heard both sides

4. Considering the nature of the allegations against the petitioner that there was a wordy quarrel and suddenly the petitioner hit the deceased with stone and the disease died, and also considering the facts that the petitioner is in jail from 09.07.2024 and that he has no other bad antecedent, this Court is 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 No.1, Alangulam.

(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 2/4

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

sd/- 06/09/2024 / TRUE COPY / 06/09/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO 1 THE JUDICIAL MAGISTRATE NO.I, ALANGULAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL JAIL, PALAYAMKOTTAI.

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4 THE INSPECTOR OF POLICE, SURANDAI POLICE STATION, TENKASI DISTRICT.

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

+1 CC to M/s.R.MANOJKUMAR, Advocate ( SR-10992[I] dated 06/09/2024 ) ORDER IN CRL OP(MD) No.14911 of 2024 Date :06/09/2024 SA/SAR. /06.09.2024/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4