Nirmal Kumar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Nirmal Kumar, ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep By, The Inspector of Police, Kulithalai Police Station, Karur.

Cr. No.545 of 2024.

... Respondent/Complainant For Petitioner : Mr.V.Vishnu, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.545 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 1/4

on 29.08.2024 for the offences punishable under Sections 281, 125(a) and 109 of BNS, in crime No.545 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that there was a wordy quarrel between the parties during the funeral procession of one Logeswaran. Due to which, the petitioner is said to have dashed the complainant with a Truck and caused injuries to him. Hence, the complaint.

3.Heard both sides.

4.Considering the nature of the allegations that a quarrel arose between the parties regarding the funeral procession and also considering the facts that the injured was discharged from the hospital and the petitioner is in custody from 29.08.2024, 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 No.2, Kulithalai.

(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 report before the respondent police daily at 10.30 a.m., for 2/4

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/- 25/09/2024 / TRUE COPY / 25/09/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO 1 THE JUDICIAL MAGISTRATE NO.2 KULITHALAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

3 THE OFFICER INCHARGE, SUB JAIL, KULITHALAI.

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4 THE INSPECTOR OF POLICE, KULITHALAI POLICE STATION, KARUR.

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

ORDER

IN CRL OP(MD) No.16099 of 2024 Date :25/09/2024 SA/SAR. /25.09.2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4