Selvaraj v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Selvaraj, ... Petitioner/Sole Accused Vs The State of Tamilnadu rep by, The Inspector of Police, Thuraiyur Police Station, Trichy District.

Crime No.220/2024..

... Respondent/Complainant For Petitioner : M/s.M.Pitchai Muthu, Advocate. For Respondent : Mr.R.N.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.220/2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody 1/4

on 28.07.2024 for the offence punishable under Section 103(1) of BNS, in Crime No.220 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that due to lane dispute between the parties, the petitioner is said to have attacked the husband of the defacto complainant with kutthukol and caused death. Hence, the complaint. 3.Heard both sides.

4.Considering the nature of the allegations in this case that the deceased and the petitioner are the neighbours and there is a dispute between them regarding the lane, and on account of wordy quarrel, the petitioner said to have attacked the deceased with a Kutthukol and caused his death, and considering the facts that he is in judicial custody from 28.07.2024 and that the investigation is almost completed and that there are no other antecedents against the petitioner, this Court is 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 Judicial Magistrate, Thuraiyur, Trichy District. (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)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]. vi)If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 27/09/2024 / TRUE COPY / / 09 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

DSS 3/4

TO 1 THE JUDICIAL MAGISTRATE THURAIYUR TRICHY DISTRICT.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

4 THE INSPECTOR OF POLICE, THURAIYUR POLICE STATION, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.15575 of 2024 Date :27/09/2024 PSP/ /SAR /27.09.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4