Ramalakshmanan v. State Through,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Ramalakshmanan ... Petitioner/Accused No.2 Vs The Inspector of Police, Kurumbur Police Station, Thoothukudi District.
Crime No.115/2022.
... Respondent/Complainant For Petitioner :
Mr.R.Alagumani, Advocate.
For Respondent :
Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SEC 483 of BNSS PRAYER :- To release the Petitioner on bail relating to the case in SC No.48/2023 on the file of Honble I Additional District and Sessions Court, Thoothukudi in Crime No.115/2022 on the file of the Respondent Police. ORDER : The Court made the following order :- This Petition is filed to release the Petitioner on bail relating to the case in SC No.48/2023 on the file of I Additional District and Sessions Court, Thoothukudi, in Crime No.115/2022 on the file of the Respondent Police
2. The petitioner/Accused, who was arrested and remanded to judicial custody 1/4
on 01.09.2024 for the offences punishable under Sections 364, 302 and 114 I.P.C, in crime No.115 of 2022 on the file of the respondent police, seeks bail.
3. The case of the prosecution is that after consuming alcohol, there was a wordy quarrel between the parties, the petitioner along with other accused assaulted the deceased, who is the friend of the accused, due to which, he died.
4. Heard the learned counsel on either side and perused the material records of the case.
Liquor offence:
5. Considering the facts and circumstances of the case and considering the nature allegations that the deceased and the accused are all friends and at the time of consuming liquor, quarrel arose between them, on account of which, the deceased was killed and considering the fact that the petitioner is in jail from 01.09.2024 and considering the fact that the matter is now posted for framing charges on 20/11/2024 and that the trial may take some time, I am inclined to enlarge the petitioner on bail with certain conditions.
6. 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.I, Srivaikuntam; 2/4
(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 appear before the trial on every hearing date without fail; (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 3/4
TO 1 THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, THOOTHUKUDI DISTRICT.
2 THE JUDICIAL MAGISTRATE NO.I, SRIVAIKUNDAM. 3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
4 THE INSPECTOR OF POLICE, KURUMBUR POLICE STATION, THOOTHUKUDI DISTRICT.
5 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.
6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.R.ALAGUMANI, Advocate ( SR-11376[I] dated 18/09/2024 )
ORDER
IN CRL OP(MD) No.15571 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