Ganeshapandi @ Kishore v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Ganeshapandi @ Kishore ... Petitioner/Accused No.12 Vs The State of Tamilnadu, The Inspector of Police, Koodal Pudur Police Station, Koodal Pudur, Madurai City, Madurai.
in Crime No.190/2024..
... Respondent/Complainant For Petitioner : Mr.Niranjan S. Kumar, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of B.N.S.S. U/s 439 of Cr.P.C. PRAYER :- For Bail in Crime No.190/2024 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 04.05.2024 for the offences punishable under Sections 147,148, 149, 342, 324, 302, 120B, 109 and 201 IPC in Crime No. 190 of 2024 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner along with other accused murdered the deceased. Hence, the case.
3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent and perused the materials available on record.
4. Considering the nature of allegations in this case that on account of previous enmity, all the accused persons waylaid the deceased and attacked him with deadly weapons and caused death and considering the role played by this petitioner that he was watching the movements and informing the same to the accused persons and considering the fact that he is in jail from 4/5/2024 and that there are no bad antecedents as against this petitioner and considering the fact that the investigation is 2/5
completed and the case is now pending in PRC No.331 of 2024 and the argument of the learned Counsel for the petitioner that the petitioner will attend all hearings of the committal proceedings without fail and thereafter, the sessions case regularly, I am inclined to enlarge the petitioner on bail.
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 IV, Madurai.
(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) As per undertaken, the petitioner shall file an affidavit of undertaking that he will attend all hearings of the committal proceedings without fail and thereafter, the sessions case regularly.
(iii)the petitioner shall not tamper with evidence or witness; 3/5
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 229-A IPC.
sd/- 10/09/2024 / TRUE COPY / 10/09/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO
1. The Judicial Magistrate IV, Madurai.
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2. Do-Through The Chief Judicial Magistrate, Madurai District.
3. The Superintendent, Central Prision, Madurai. 4.The Inspector of Police, Koodal Pudur Police Station, Koodal Pudur, Madurai City, Madurai.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.NIRANJAN S.KUMAR, Advocate ( SR-11100[I] dated 10/09/2024 )
ORDER
IN CRL OP(MD) No.15240 of 2024 Date :10/09/2024 RK (10/09/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5