Samayadurai v. State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Samayadurai, ... Petitioner/Accused Rank Not Known Vs State of Tamilnadu Rep. By, The Inspector of Police, Thiruppachethi Police Station, Sivagangai District.
in Crime No. 88 of 2024.
... Respondent/Complainant For Petitioner : M/s.M.Jegadeesh Pandian, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SECTION 483 OF BNSS PRAYER :- For Bail in Crime No.88 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 18.05.2024 for the offences punishable under Sections 449, 294(b), 115, 302, 427 and 506(ii) of IPC, in Crime No.88 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that due to previous enmity, the petitioner and 1/4
the other accused are said to trespassed into the house of the deceased, who is the husband of the defacto complainant and brutally attacked him with deadly weapons and caused death on the spot. Hence, the complaint. 3.Heard both sides.
4.Considering the nature of the allegations in this case that the prime accused, namely, Velpandy's sister, who was married to one Vijay, committed suicide, and considering the fact that the deceased arranged for the second marriage of the said Vijay and on account of that enemity, the petitioner along with the other accused are said to have attacked the deceased and considering the fact that the petitioner is in prison from 18.05.2024 and the investigation has since been completed and the case has been committed and is pending in S.C.No.217 of 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 learned District Munsif Cum Judicial Magistrate, Thiruppuvanam, Sivagangai 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 2/4
card or Bank Pass Book to ensure their identity; (ii)the petitioner shall appear before the trial Court for each and every hearing without fail;
(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/- 17/10/2024 / TRUE COPY / 17 / 10 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
DSS TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THIRUPPUVANAM 3/4
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 4 THE INSPECTOR OF POLICE, THIRUPPACHETHI POLICE STATION, SIVAGANGAI DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.M.JEGADEESH PANDIAN, Advocate ( SR-12589[I] dated 17/10/2024 )
ORDER
IN CRL OP(MD) No.17067 of 2024 Date :17/10/2024 PSP/ /SAR /17.10.2024/ 4P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4