Karuppiaha v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Karuppiaha, ... Petitioner/A1 Vs The State of Tamilnadu, Rep by the Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

Crime No.373 of 2024..

... Respondent/Complainant For Petitioner : M/s.Senthil Kumar.A.M, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.373 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 25.06.2024 for the offences punishable under Sections 342, 302 & 404 of IPC, in Crime No.373 of 2024 on the file of the respondent police, seeks bail. 1/5

2.The case of the prosecution is that the defacto complainant is the husband of the deceased. Initially case was registered as 'women missing'. Thereafter, on enquiry, it was found that there was illegal relationship with the petitioner and the wife of the defacto complainant and the petitioner murdered the deceased due to her refusal to continue the immoral affair with the petitioner. Hence, the complaint. 3.Heard both sides.

4.Considering the nature of the allegations that the deceased and the accused were having an illicit affair and since the deceased mended her ways, enraged by the same the accused called her and the accused took her to a secluded place and murdered her and initially a woman missing complaint was registered and the petitioner was arrested and on confession, the body was recovered and also considering the fact that the petitioner is in custody from 25.06.2024, this Court is inclined to grant bail to the petitioner on 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 * Judicial Magistrate No.II, Thiruppuvanam.

(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 2/5

card or Bank Pass Book to ensure their identity; (ii)the petitioner shall stay at Karur and report before the Pasupathipalayam Police Station daily at 10.30 a.m., for a period of six 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]. vi)If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 13/09/2024 (*) Corrected as per order of this Court dated 19.09.2024 in CRL OP(MD) No.15542 of 2024) / TRUE COPY / 19/09/2024 Sub-Assistant Registrar(Writs) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS 3/5

TO To be substituted to the order which is already despatched on 13.09.2024 1 THE JUDICIAL MAGISTRATE SIVAGANGAI.

* 2 THE JUDICIAL MAGISTRATE NO.II, THIRUPPUVANAM.

3 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI..

5 THE INSPECTOR OF POLICE, THIRUPPUVANAM POLICE STATION, SIVAGANGAI DISTRICT.

6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO:

THE INSPECTOR OF POLICE PASUPATHIPALAYAM POLICE STATION, KARUR +1 CC to M/s.A.M.SENTHIL KUMAR, Advocate ( SR-11329[I] dated 13/09/2024 )

ORDER

IN CRL OP(MD) No.15542 of 2024 Date :13/09/2024 4/5

SS/SAR- /13/09/2024/5P/8C ED/ /SAR- (19/09/2024) 5P / 9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5