T.Ramanathan 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 T.Ramanathan ... Petitioner/Accused No.2 Vs The Inspector of Police, Keelarajakularaman Police Station, Virudhunagar District.
(Crime No.132 of 2024) ... Respondent/Complainant For Petitioner :
Mr.M.Selvam, Advocate.
For Respondent :
Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SEC 483 of BNSS PRAYER :- For Bail in Crime No.132 of 2024on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/A2, who was arrested and remanded to judicial custody on 08.07.2024 for the offences punishable under Sections 103, 126(2), 281 and 351(3) of the BNS, 2023 in Crime No. 132 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that due to previous motive, the petitioner 1/4
herein and other accused are said to have hit the deceased with a tractor and when he tried to escape, they brutally attacked the deceased with Aruval and thereby, caused death. Hence, the case.
3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent and perused the materials available on record.
4. Considering the nature of the allegations in this case that on account of the enmity with reference to the marital discord of the deceased, all the accused tried to mow down the deceased by running in a tractor on him and since the deceased managed to escape, they caught hold of him and again cut him with aruval and caused his death and considering the fact that the petitioner is in prison from 08.07.2024 and that the investigation almost being completed and that the petitioner does not have any other bad antecedents, this Court is 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 Judicial Magistrate Court, Rajapalayam, Virudhunagar District. (i)the sureties shall affix their photographs and left thumb impression in the 2/4
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 before the respondent police;
(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 absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 01/10/2024 / TRUE COPY / 01/10/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
DSS 3/4
TO 1 THE JUDICIAL MAGISTRATE, RAJAPALAYAM 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTTUR.
3 THE OFFICER INCHARGE, DISTRICT JAIL, VIRUDHUNAGAR.. 4 THE INSPECTOR OF POLICE, KEELARAJAKULARAMAN POLICE STATION, VIRUDHUNAGAR DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.M.SELVAM, Advocate ( SR-12030[I] dated 01/10/2024 )
ORDER
IN CRL OP(MD) No.16636 of 2024 Date :01/10/2024 RS//SAR-(01.10.2024) 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4