Ranjith Kumar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Ranjith Kumar ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep by the Inspector of Police, M.Chathirapatti Police Station, Madurai District.

Crime No. 83/2024.

... Respondent/Complainant For Petitioner : M/s.Mayilvahana Rajendran.C, 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.83 of 2024 on the file of the respondent police. 1/5

ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 25.07.2024 for the offences punishable under Sections 296(b), 109 and 103(1) of BNS Act, in crime No.83 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner and the deceased are friends. Both had love affairs with the same woman. On the date of occurrence, in a drunken state of mind, there was quarrel that arose between them and the petitioner attacked the deceased with knife and caused death. Hence, the complaint. 3.Heard both sides.

4.Considering the nature of the allegations that the deceased and the petitioner are friends and that they were proposing an affair with the same woman and on account, in a drunken state of mind, there arose a quarrel and the petitioner killed the deceased, and considering the fact that the petitioner is is in jail from 25.07.2024 and that there are no other bad antecedent against the petitioner, this Court is inclined to grant bail to the petitioner on certain conditions. 2/5

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 Judicial Magistrate No.V, 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)the petitioner shall report before the respondent police daily at 10.30 a.m., for 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]. 3/5

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

sd/- 20/09/2024 / TRUE COPY / 20/09/2024 Sub-Assistant Registrar (AE ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO

1. The Judicial Magistrate No.V, Madurai.

2. Do-Through The Chief Judicial Magistrate, Madurai District.

3. The Superintendent, Central Prison, Madurai..

4. The Inspector of Police, M.Chathirapatti Police Station, Madurai District.

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

+1 CC to M/s.C.MAYILVAHANA RAJENDRAN, Advocate ( SR-11481[I] dated 20/09/2024 )

ORDER

IN CRL OP(MD) No.15537 of 2024 Date :20/09/2024 4/5

RK (20/09/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5