Ponram v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.10.2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Ponram S/o.Sankaralingam ... Petitioner/ Accused-2 Vs State rep by The Inspector of Police, Viruveedu Police Station Dindigul District.
(Crime No.137 of 2024) ... Respondent / Complainant For Petitioner : M/s.P.Krishnaveni, 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.137 of 2024 on the file of the respondent police. 1/5
ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 07.09.2024 for the offences punishable under Sections 296(b), 127, 103(1) of BNS Act, in Crime NO.137 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 physically assaulted the deceased by using weapons and caused injury in the head of the deceased. Hence, the complaint.
3.Heard the learned counsel on either side and perused the material records of the case.
4. Considering the nature of the allegations that the petitioner along with the other accused are said to have attacked the deceased and on account of the fact that the deceased succumbed to the serious injuries and considering the fact that the petitioner does not have any antecedents and considering the petitioner is in judicial custody from 07.09.2024, I am inclined to enlarge the petitioner on bail with certain conditions.
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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, Nilakottai. (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 stay at Sivagangai and report before the Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District, daily at 10.30 a.m., for a period of 3 weeks and thereafter, as and when required for interrogation. It is made clear that no relaxation of the condition for the said period will be entertained by this court;
(iii)the petitioner shall not tamper with evidence or witness; (iv)the petitioner shall not abscond during trial. 3/5
(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 229A IPC.
sd/- 29/10/2024 / TRUE COPY / 29/10/2024 Sub-Assistant Registrar (AD-II) Madurai Bench of Madras High Court, Madurai - 625 023.
pal TO
1. THE JUDICIAL MAGISTRATE, NILAKOTTAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.
3. THE OFFICER-IN-CHARGE, DISTRICT JAIL, DINDIGUL.
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4. THE INSPECTOR OF POLICE, VIRUVEEDU POLICE STATION DINDIGUL DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO THE INSPECTOR OF POLICE, KALAIYARKOVIL POLICE STATION, SIVAGANGAI DISTRICT,
ORDER
IN CRL OP(MD) No.18820 of 2024 Date :29/10/2024 RK/ (29/10/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5