Jeevaraj v. State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY (*)Jeevarajan ... Petitioner/Sole Accused Vs State of Tamilnadu Represented by Its, the Inspector of Police, Virudhunagar East Police Station, Virudhunagar District.
(Crime No. 113 of 2024).
... Respondent/Complainant For Petitioner : Mr.M.Jegadeesh Pandian, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of B.N.S.S. U/s 439 of Cr.P.C. PRAYER :- For Bail in Crime No.113 of 2024 on the file of the respondent police. 1/6
ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 15.06.2024 for the offence punishable under Section 302 of IPC, in Crime No.113 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner has murdered the mother of the defacto complainant by using pen. Hence, the complaint. 3.Heard both sides.
4.Considering the nature of allegations in this case, the petitioner is said to have behaved in a bizarre manner as if he is having some psychological disturbances and killed the deceased by using pen in a cruel manner without having any motive against the deceased, and only considering the fact that the petitioner is in custody from 15.06.2024 and that the final report already filed and the same was taken on file in PRC.No.62 of 2024 and the same will be committed today, and considering the argument of the learned counsel for the petitioner that even with regard to the apprehension expressed on behalf of the prosecution, the parents of the petitioner, particularly, the petitioner's father, who is a retired police personnel will take care of 2/6
the petitioner by having the petitioner at home situated at Chokkalingapuram, Aruppukottai, Virudhunagar, and will not move out of this address without informing the Investigating Officer, this Court is inclined to enlarge the petitioner on bail.
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 (Father and Mother of the petitioner) each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Virudhunagar. (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 concerned Sessions Court for each and every hearing without fail;
(iii) As undertaking given by the learned counsel for the petitioner, 3/6
the parents of the petitioner shall file an undertaking affidavit before the trial Court that they will keep the petitioner in the house at Chokkalingapuram, Aruppukottai, Virudhunagar, and will not move out of this address without informing the Investigating Officer; (iv) the petitioner shall strictly reside with his parents in the house address at Chokkalingapuram, Aruppukottai, Virudhunagar and the parents of the petitioner shall also inform the Investigating Officer about his whereabouts;
(v)the petitioner shall not tamper with evidence or witness; vi)the petitioner shall not abscond during trial; vii)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 4/6
Kerala [(2005)AIR SCW 5560];
viii)If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
sd/- 01/10/2024 / TRUE COPY / (*)For Corrected as per Order of this Hon'ble Court dt.15/10/2024 in Crl.OP(MD).
16640/2024.
15/10/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
DSS TO TO BE SUBSTITUTED WITH THE ORDER DT.01/10/2024 IS ALREADY DESPATCHED
1. The Judicial Magistrate No.II, Virudhunagar.
2. Do-Through The Chief Judicial Magistrate, Viruthunagar District @ Srivilliputhur
3. The Superintendent, Central Prison, Madurai..
4. The Inspector of Police, Virudhunagar East Police Station, Virudhunagar District.
5/6
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.M.JEGADEESH PANDIAN, Advocate ( SR-12042[I] dated 01/10/2024 )
ORDER
IN CRL OP(MD) No.16640 of 2024 Date :01/10/2024 RK (01/10/2024) 6P / 7C JBR SA/SAR. /15.10.2024/6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6