Lakshmanan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Lakshmanan, ... Petitioner/Sole Accused Vs The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.
(Crime No.506/2024).
... Respondent/Complainant For Petitioner : M/s.Prabu.M, Advocate.
For Respondent : Mr.R.M..Anbunithi, Government Advocate (Crl.Side) PETITION FOR BAIL UNDER SECTION 483 OF BNSS PRAYER :- For Bail in Crime No.506/2024 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 on 04.09.2024 for the offence punishable under Section 105 of BNS Act, in Crime 1/4
No.506 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner and the other accused are said to have attacked the deceased on his abdomen and other places. Since the deceased was in an inebriated condition without taking treament, he had gone to his home and slept off and on difficulties in his health, the next day morning, he was admitted in the hospital. However, where he died. Hence, the complaint. 3.Heard both sides.
4.Considering the nature of the allegations in this case that the petitioner, along with the others said to have attacked the deceased on his abdomen and other places, and the deceased being in an inebriated condition without taking treament, he went to his home and slept off, and on difficulties in his health, the next day morning, he was taken to the hospital, where he died, and considering the fact that the petitioner is in custody from 04.09.2024 and considering the antecedents of the petitioner that he is having 3 previous cases, 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.II, Kovilpatti, Thoothukudi District. 2/4
(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 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/- 22/10/2024 / TRUE COPY / 22 / 10 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
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DSS TO 1 THE JUDICIAL MAGISTRATE COURT NO.II KOVILPATTI , THOOTHUKUDI DISTRICT. 2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI..
4 THE INSPECTOR OF POLICE KOVILPATTI WEST POLICE STATION, THOOTHUKUDI DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.17841 of 2024 Date :22/10/2024 PSP/ /SAR /22.10.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4