Iyyappan @ Ayyappan @ Manikandan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Iyyappan @ Ayyappan @ Manikandan ... Petitioner/Accused No.1 Vs The State of Tamil Nadu, Rep. By, the Inspector of Police, Thalaiyuthu Police Station, Tirunelveli District.
(Crime No.297 of 2024).
... Respondent/Complainant For Petitioner :
M/s.K. Abiya, Advocate.
For Respondent :
Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.297 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 19.06. for the offences punishable under Sections 341, 294(b), 307 and 506(ii) IPC in crime No. 297 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
herein attacked the de facto complainant with Aruval and thereby, caused grievous injuries. 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 in this case and considering the fact that except for a subsequent offence registered after this case there was no antecedents prior to the case and considering the nature of allegations that enraged by the love affair and marriage the de facto complainant was attacked by the petitioner and considering the argument of the learned counsel for the petitioner that the petitioner will file an affidavit of undertaking that he will not in any manner disturb the couple and that the petitioner is in custody from 19/6/2024, 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.III, Thirunelveli. (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 2/4
card or Bank Pass Book to ensure their identity; (ii) As undertaken, the petitioner shall file an affidavit of undertaking that he will not disturb the couple in any manner;
(iii)the petitioner shall appear before the respondent Police daily at 10.30 a.m for a period of four weeks and thereafter, as and when required for interrogation; (iv)the petitioner shall not tamper with evidence or witness; v)the petitioner shall not abscond during trial. vi)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]. (vii)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 19/09/2024 / TRUE COPY / 19/09/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP 3/4
To 1.The Judicial Magistrate No.III, Tirunelveli.
2.Do through the Chief Judicial Magistrate, Tirunelveli District.
3.The Inspector of Police, Thalaiyuthu Police Station, Tirunelveli District.
4.The Superintendent, Central Prison, Palayamkottai.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.K.ABIYA, Advocate ( SR-11418[I] dated 19/09/2024 )
ORDER
IN CRL OP(MD) No.15683 of 2024 Date :19/09/2024 ED/ /SAR- (19/09/2024) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4