Raja v. State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY CRL OP(MD). No.18607 of 2024 Raja ... Petitioner/Sole Accused Vs State of Tamil Nadu, The Inspector of Police Thiruchitrambalam Police Station, Thanjavur District (Crime No.114/2019).

... Respondent/Complainant For Petitioner :

Mr.R.Alagia Nambi, 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.114 of 2019 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 11.08.2024 for the offences punishable under Sections 302 and 201 of IPC, in 1/4

Crime No.114 of 2019 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that due to previous motive, the petitioner is said to have murdered the victim with a sickle and set fire to his body by pouring petrol. Hence, the complaint.

3.Heard both sides.

4.Considering the nature of the allegations in this case that in the year 2019, the petitioner is said to have attacked the deceased, suspecting that he has stolen his goat and thrown the body into the fields, and the case remaining unsolved, and when the petitioner was interrogated in a connected case, he said to be a confession about the commission of this crime also, and considering the fact that the petitioner is in custody from 11.08.2024, 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 Judicial Magistrate Court, Pattukottai. (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; 2/4

(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/- 28/10/2024 / TRUE COPY / 28/10/2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO

1. The Judicial Magistrate, Pattukottai.

3/4

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBKONAM.

3. The Officer incharge, District Prison, Pudukottai..

4. The Inspector of Police, Thiruchitrambalam Police Station, Thanjavur District

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.18607 of 2024 Date :28/10/2024 MK/28.10.2024 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4