Veerapandi 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
1. Veerapandi,
2. Muniyasamy, ... Petitioners/Accused Nos.1&2 Vs The State of Tamil Nadu, Rep By, the Inspector of Police, Koomapatty Police Station, Virudhunagar District, Cr.No.67 of 2024..
... Respondent/Complainant For Petitioners : MR.M.Jothi Basu, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.67 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners/A1 & A2, who were arrested and remanded to judicial custody 1/5
on 13.07.2024 and 12.07.2024 respectively for the offences punishable under Sections 126(2), 296(b) and 103 of Bharatiya Nyaya Sanhita (BNS), 2023, in Crime No.67 of 2024 on the file of the respondent police, seek bail. 2.The case of the prosecution is that the defacto complainant is the mother of the deceased. Due to the land dispute, the petitioners are said to have brutally attacked the defacto complainant with knife and spade and caused death. Hence, the complaint.
3.Heard both sides.
4.Considering the nature of the allegations in this case that on account of land dispute there arose a quarrel between the parties and the petitioners also are said to have attacked the deceased with knife and spade and also considering the facts that the matter relates to case and counter and the petitioners are in custody from 13.07.2024 and 12.07.2024 respectively, this Court is inclined to grant bail to the petitioners on certain conditions.
5.Accordingly, this Criminal Original Petition is allowed and the petitioners 2/5
are ordered to be released on bail, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the Judicial Magistrate Court, Watrap, Virudhunagar District. (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)considering the nature of the occurrence and the proximity of the residence of the petitioner as well as the deceased, the petitioner shall stay at Dindigul and report before the Dindigul Town Police Station daily at 10.30 a.m.
, for a period of three weeks and thereafter, as and when required for interrogation; (iii)the petitioners shall not tamper with evidence or witness; iv)the petitioners shall not abscond during trial.
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 WATRAP, VIRUDHUNAGAR DISTRICT.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE OFFICER INCHARGE, DISTRICT PRISON, VIRUDHUNAGAR..
THE INSPECTOR OF POLICE, KOOMAPATTY POLICE STATION, VIRUDHUNAGAR DISTRICT, 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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COPY TO:
THE INSPECTOR OF POLICE DINDIGUL TOWN POLICE STATION, DINDIGUL.
+1 CC to M/s.G.M.LAW OFFICE, Advocate ( SR-11733[I] dated 25/09/2024 )
ORDER
IN CRL OP(MD) No.16091 of 2024 Date :25/09/2024 SS/SAR- /25/09/2024/5P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5