Manikandan 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 Manikandan ... Petitioner/Sole Accused Vs The Sub-Inspector of Police, Vanniyampatti Vilakku Police Station, Virudhunagar District.

(In Crime No.109/2024) ... Respondent/Complainant For Petitioner :

M/s.Jagadeeshwaran.R, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SEC 483 of BNSS PRAYER :- For Bail in Crime no.109/2024 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 23.07.2024 for the offences punishable under Sections 296(b), 103 BNS, 2023, in crime No.109 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to previous motive, the petitioner 1/4

assaulted the deceased with wooden sticks, and caused the death of the deceased. Hence, the complaint.

3. Heard the learned counsel on either side and perused the material records of the case.

4. Considering the facts and circumstances of the case and considering the nature of allegations that the petitioner got married to the widowed daughter-in-law of the deceased and within short time, after the marriage, there was dispute and the daughter-in-law was residing in the deceased house and the petitioner also insisted that he will also come and live in the deceased house, on account thereof, there was an enmity and on the day of occurrence, the petitioner hit the deceased with wooden sticks, and caused the death of the deceased and considering the fact that the investigation is completed and charge sheet is now filed and that the petitioner is in custody from 23.07.2024, 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, Srivilliputhur, Virudhunagar District; (i)the sureties shall affix their photographs and left thumb impression in the 2/4

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 stay at Sivakasi and shall report before the Inspector of Police, Sivakasi Town Police Station, Sivakasi, 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.

LS 3/4

TO 1 THE JUDICIAL MAGISTRATE NO.II, SRIVILLIPUTHUR, VIRUDHUNAGAR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTTUR.

3 THE SUB-INSPECTOR OF POLICE, VANNIYAMPATTI VILAKKU POLICE STATION, VIRUDHUNAGAR DISTRICT.

4 THE OFFICER INCHARGE, DISTRICT PRISON, VIRUDHUNAGAR. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO THE INSPECTOR OF POLICE SIVAKASI TOWN POLICE STATION, SIVAKASI.

+1 CC to M/s.R.JAGADEESHWARAN, Advocate ( SR-11583[I] dated 23/09/2024 )

ORDER

IN CRL OP(MD) No.15429 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