Palanisamy 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 Palanisamy ... Petitioner/Accused Rank not known Vs The State of Tamilnadu, Rep. by the Inspector of Police, Vallam Police Station, Thanjavur District.

Crime No. 200/2024..

... Respondent/Complainant For Petitioner : Mr.L.Prabakaran, 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. 200 of 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 02.05.2024 for the offences punishable under Sections 147, 148, 120B, 109, 341, 427, 294(b), 307 and 302 IPC in crime No. 200 of 2024 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that due to business motive, the petitioner herein and other accused waylaid the deceased and committed the murder of 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 against the petitioner that the petitioner is a hireling, who was hired by the accused Nos. 1 to 3, to eliminate the deceased on account of previous enmity and considering the fact that there are two previous cases against this petitioner and considering the fact that the petitioner was remanded to judicial custody on 2/5/2024 and the investigation is now being completed and the 2/5

main case is now taken on file and committal proceedings is pending in PRC No.29 of 2024 and considering the argument of the learned counsel for the petitioner that he will attend the committal proceedings and thereafter, the case without fail for all hearings, 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 No.II, Thanjavur. (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 Puthu Chathiram Police Station, Namakkal daily at 10.30 a.m for a period of four weeks, except for the hearing dates in other hearings and thereafter, appear before the concerned Court on all hearing dates without fail;

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(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 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 No.II, Thanjavur.

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2. Do-Through The Chief Judicial Magistrate, Thanjore District @ Kumbakonam.

3. The Superintendent, Central Prison, Trichy. 4.The Inspector of Police, Vallam Police Station, Thanjavur District.

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

Copy to The Inspector of Police, Puthu Chathiram Police Station, Namakkal +1 CC TO MR.L.PRABAKARAN, Advocate SR No.11228 dated 12/09/2024

ORDER

IN CRL OP(MD) No.15187 of 2024 Date :10/09/2024 RK (10/09/2024) 5P / 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5