Chinnakannu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Chinnakannu, ... Petitioner/Accused No.2 Vs The Inspector of Police, Aranthangi Police Station, Pudukkottai District.
Crime No.402/2024.
... Respondent/Complainant For Petitioner : Mr.M.Suresh, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.402/2024 on 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 11.09.2024 for the offence punishable under Section 103 of BNS, in Crime No.402 of 1/5
2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that when A1 consumed liquor, there was a quarrel between the accused and the defacto complainant's husband. Due to which, A1 attacked the defacto complainant's husband with a beer bottle and caused death. Hence, the complaint.
3.Heard both sides.
4.Considering the nature of the allegations in this case that the deceased and the first accused were having liquor, and during that time, upon the investigation of the present petitioner, who said to have previous enmity with the deceased, the first accused is said to have attacked the deceased with a beer bottle on his face and head, and on account of which, the deceased succumbed to the injuries, and considering the fact that the petitioner is in custody from 11.09.2024 and considering the fact that the petitioner does not have any other antecedent, 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 Judicial Magistrate, Aranthangi.
(i)the sureties shall affix their photographs and left thumb impression in the 2/5
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 stay at Madurai and report before the Government Hospital Police Station, Madurai, daily at 10.30 a.m., for a period of two 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/- 28/10/2024 / TRUE COPY / 28/10/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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DSS TO 1 THE JUDICIAL MAGISTRATE, ARANTHANGI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.
3 THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKKOTTAI.
4 THE INSPECTOR OF POLICE, ARANTHANGI POLICE STATION, PUDUKKOTTAI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE INSPECTOR OF POLICE, GOVERNMENT HOSPITAL POLICE STATION, MADURAI.
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ORDER IN CRL OP(MD) No.18569 of 2024 Date :28/10/2024 SA/SAR. /28.10.2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5