Madhumathi v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Madhumathi ... Petitioner/Accused No.9 Vs The Inspector of Police, Kaliyarkovil Police Station, Sivagangai District.
(Crime No. 321/2024) ... Respondent/Complainant For Petitioner :
Mr.S.Balamurugan, Advocate.
For Respondent :
Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SEC 483 of BNSS PRAYER :- For Bail in Crime No. 321 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 02.07.2024 for the offences punishable under Sections 147, 148, 447, 341, 294(b), 307 and 302 I.P.C, in crime No.321 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that due to previous enmity, the accused had brutally murdered the deceased. Hence, the complaint.
3. Heard the learned counsel on either side and perused the material records of the case.
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4. Considered the facts and circumstances of the case and also considered the nature of allegation that it is a case of double murder on account of the enmity, merely because, the deceased and others have participated in the Jallikattu / Manjuvirattu had tamed the bulls of the accused side, only to wreck vengeance, the accused, in the midnight, had entered into the particular farmland, in which all the deceased and their friends were there and attacked them brutally and caused death of two persons. As far as the petitioner is concerned, the petitioner is arrayed as A9. The allegation against the petitioner is that through her Social media account only, the information was supplied and all the accused were contacting each other and they found out the place and attacked the deceased persons.
Considering the nature of allegations and considering the fact that the petitioner is a lady, who is in jail from 02.07.2024, I am inclined to enlarge the petitioner on bail with 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.
(ii)the petitioner shall stay at Trichy District and shall report before the Inspector of Police, Cantonment Police Station, Trichy, daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation. It is made clear that no relaxation of the condition for the said period will be entertained by this court;
(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 229A IPC.
sd/- 23/09/2024 / TRUE COPY / 23/09/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE JUDICIAL MAGISTRATE NO.I, SIVAGANGAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE INSPECTOR OF POLICE, KALIYARKOVIL POLICE STATION, SIVAGANGAI DISTRICT.
4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO THE INSPECTOR OF POLICE CANTONMENT POLICE STATION, TRICHY.
+1 CC to M/s.S.BALAMURUGAN, Advocate ( SR-11569[I] dated 23/09/2024 )
ORDER
IN CRL OP(MD) No.15379 of 2024 Date :23/09/2024 RS//SAR-(23.09.2024) 4P 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4