Sai Karthikeyan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Sai Karthikeyan ... Petitioner/Accused No.6 Vs The Inspector of Police, Avaniyapuram Police Station, Madurai District.
Crime No. 509/2024 ... Respondent/Complainant For Petitioner :
Mr.K.Sivabalan, Advocate.
for M/s.Aran Legal Consultancy, For Respondent :
Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SEC 483 of BNSS PRAYER :- For Bail in Crime No.509 of 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 23.07.2024 for the offences punishable under Sections 103(1) BNS @ 103 (1) and 1/5
61(2) BNS, 2023, in crime No.509 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that due to previous enmity, the the petitioner along with the other accused conspired and abducted the deceased and caused his death. Hence, the complaint.
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 group rivalry, the petitioner along with the other accused conspired and abducted the deceased and caused his death and and considering the fact that the petitioner is in judicial custody from 23.07.2024, 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 No.VI, Madurai;
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(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 Coimbatore and shall report before the Inspector of Police, B12 Ukkadam Police Station, Coimbatore, 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 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]. 3/5
(vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 23/09/2024 (*)CORRECTED AS PER THE ORDER OF THIS HON'BLE COURT IN CRL OP(MD)No.15981 OF 2024 DATED 30/09/2024.
/ TRUE COPY / 30/09/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
LS TO TO BE SUBSTITUTED WITH THE ORDER DATED 23/09/2024 ALREADY DESPATCHED 1 THE JUDICIAL MAGISTRATE NO.VI, MADURAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE INSPECTOR OF POLICE, AVANIYAPURAM POLICE STATION, MADURAI DISTRICT.
4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO THE INSPECTOR OF POLICE COIMBATORE TOWN WEST POLICE STATION, COIMBATORE. 4/5
THE INSPECTOR OF POLICE, B12 UKKADAM POLICE STATION, COIMBATORE +1 CC to M/s.K.SIVABALAN, Advocate ( SR-11937[I] dated 30/09/2024 )
ORDER
IN CRL OP(MD) No.15981 of 2024 Date :23/09/2024 RS//SAR-(23.09.2024) 5P 8C SJI SS/SAR-(30.09.2024) 5P 9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5