Selvamani 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 Selvamani, ... Petitioner/Sole Accused Vs The State of Tamilnadu, Rep. by the Inspector of Police, Alwarthirunagari Police Station, Thoothukudi Distict.

Crime No. 59/2024..

... Respondent/Complainant For Petitioner : Mr.A.D.Ganeshamoorthi, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 59 of 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 1/5

on 19.08.2024 for the offences punishable under Sections 294(b), 324, 307 and 506(2) of IPC, in crime No.59 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that due to previous motive, when the deceased was sleeping in front of his house, the petitioner attacked him with aruval and caused death. Hence, the complaint.

3.Heard both sides.

4.Considering the nature of the allegations against the petitioner that the petitioner and the defacto complainant had a dispute with reference to tieing the cattle in a particular place and on the fateful day, pursuance to the wordy quarrel the petitioner took out an arrival and gave one single cut on the neck of the deceased, and considering the facts that the petitioner is in jail from 01.072024 and there are no other bad antecedents against the petitioner, 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 2/5

Ten Thousand only) with two sureties each for a like sum to the satisfaction of the Judicial Magistrate No.II, Srivaigundam, Thoothukudi. (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 Madurai and report before the Thallakulam 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]. 3/5

vi)If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 13/09/2024 / TRUE COPY / 13/09/2024 Sub-Assistant Registrar(AD II) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO 1 THE JUDICIAL MAGISTRATE NO.II SRIVAIGUNDAM, THOOTHUKUDI DISTRICT.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT..

4 THE INSPECTOR OF POLICE, ALWARTHIRUNAGARI POLICE STATION, THOOTHUKUDI DISTRICT.

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

COPY TO:

THE INSPECTOR OF POLICE THALLAKULAM POLICE STATION, MADURAI.

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+1 CC to M/s.A.D.GANESHA MOORTHI, Advocate ( SR-11283[I] dated 13/09/2024 )

ORDER

IN CRL OP(MD) No.15559 of 2024 Date :13/09/2024 SS/SAR- /13/09/2024/5P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5