Nathiya v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Nathiya ... Petitioner/Rank Not Known Vs The Inspector of Police, Koodakovil Police Station, Madurai District.
(Crime No.94/2024).
... Respondent/Complainant For Petitioner :
Mr.R.Sundar, Advocate.
For Respondent :
Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SEC 483 of BNSS PRAYER :- For Bail in Crime No.94/2024 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 04.07.2024 for the offences punishable under Sections 296, 118(i), 109, 103, 49, 115 BNS, 2023, in crime No.94 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on account of dispute with reference to drawing of public pipeline and tap, the petitioner along with other accused abused 1/4
the deceased in filthy language and also attacked the deceased by using knife, due to which, he died.
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 allegation that on account of dispute with reference to drawing of public pipeline and tap and considering the fact that there are no other bad antecedents against the petitioner and she is in custody from 04.07.2024, 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, Thirumangalam;
(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 stay at Vallam and shall report before the Inspector of Police, Vallam Police Station, Vallam, 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 2/4
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/- 18/09/2024 / TRUE COPY / 18/09/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
LS TO 1 THE JUDICIAL MAGISTRATE, THIRUMANGALAM.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, KOODAKOVIL POLICE STATION, MADURAI DISTRICT.
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4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO THE INSPECTOR OF POLICE VALLAM POLICE STATION, VALLAM.
+1 CC TO MR.R.SUNDAR, ADVOCATE, SR-11438[I] DATED 19/09/2024
ORDER
IN CRL OP(MD) No.15657 of 2024 Date :18/09/2024 RS//SAR-(18.09.2024) 4P 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4