S.Sundar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY S.Sundar, ... Petitioner/Accused No.4 Vs The State of Tamil Nadu Rep. By, the Inspector of Police, Ammaiyanaickanur Police Station, Dindigul District.

(Crime No.216/2024).

... Respondent/Complainant For Petitioner : M/s.K.Palmurugan, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SECTION 483 OF BNSS PRAYER :- For Bail in Crime No.216/2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A4, who was arrested and remanded to judicial custody on 1/5

02.08.2024 for the offences punishable under Sections 61(2), 296(b), 126(2), 103 & 351

(3) of BNS @ 61(2), 296(b), 126(2), 103(1) & 351(3) of BNS in Crime No.216 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that due to previous motive, the petitioners along with other accused, brutally attacked the husband of the defacto complainant with aruval and caused death. Hence, the complaint. 3.Heard both sides.

4.Considering the nature of the allegations in this case that A1 to A3, on account of the previous motive, attacked the deceased and killed him, and the petitioner thereafter picked all three of them up and went in the same two wheeler, and even the images are captured in the CCTV, and considering the facts that the investigation is almost over and that the petitioner has got no other antecedents and that he is aged about 20 years and that he is in prison from 02.08.2024, 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 Court, Nilakottai, Dindigul District. (i)the sureties shall affix their photographs and left thumb impression in the 2/5

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 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 3/5

TO 1 THE JUDICIAL MAGISRATE COURT NILAKOTTAI 2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, DINDUGAL DISTRICT.

3 THE SUPERINTENDENT, DISTRICT JAIL, DINDIGUL DISTRICT..

4 THE INSPECTOR OF POLICE, AMMAIYANAICKANUR POLICE STATION, DINDIGUL DISTRICT.

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

+1 CC to M/s.K.PALMURUGAN, Advocate ( SR-11864[I] dated 27/09/2024 )

ORDER

IN CRL OP(MD) No.15668 of 2024 Date :27/09/2024 4/5

PSP/ /SAR /27.09.2024/ 5P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5