Velpandi 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
1. Velpandi
2. Sivabalamurugan
3. Singamuthu ... Petitioners/Accused No.1,3 & 5 Vs The State of Tamilnadu, Rep. by the Inspector of Police, Thiruppachethi Police Station, Sivagangai District.
(Crime No.88/2024).
... Respondent/Complainant For Petitioner :
M/s.M.Jegadeesh Pandian, Advocate.
For Respondent :
Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.88/2024 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The petitioners/Accused, who were arrested and remanded to judicial custody on 18.05.2024 for the offences punishable under Sections 449, 294(b), 302, 427 and 506(ii) IPC in crime No.88 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 herein trespassed into the house of the deceased and committed the murder of the deceased. Hence, the complaint.
3. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the respondent Police. 4.Considering the nature of allegations on account of the previous enmity with the deceased, whereby the relative of the accused was married to the deceased and on account of ill-treatment, she committed suicide and considering the fact that the petitioners are in jail from 18/5/2024 and considering the fact that the investigation is now completed and the case is pending in PRC No.18 of 2024 and considering the argument of the learned counsel for the petitioners that they will attend all hearings in the committal proceedings as well as subsequently in the sessions case without fail, I am inclined to enlarge the petitioners on bail. 2/5
5.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned District Munsif-Cum-Judicial Magistrate, Thiruppuvanam, Sivagangai 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; (ii)the petitioners shall attend all hearings in the committal proceedings as well as all hearing dates in the sessions case without fail, (iii)the petitioners shall not tamper with evidence or witness; iv)the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 absconds, a fresh FIR can be registered under Section 229A 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 District Munsif cum Judicial Magistrate, Thiruppuvanam, Sivagangai District.
2.Do through the Chief Judicial Magistrate, Sivagangai District.
3.The Inspector of Police Thiruppachethi Police Station, Sivagangai District.
4.The Superintendent, Central Prison, Madurai.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.M.JEGADEESH PANDIAN, Advocate ( SR-11129[I] dated 10/09/2024 ) 4/5
ORDER
IN CRL OP(MD) No.15157 of 2024 Date :10/09/2024 ED/ /SAR- (10/09/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5