Pandi v. The State Rep By,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH
1. Pandi,
2. Palanisamy,
3. Kishore,
4. Jeyakumar,
5. Siva, ... Petitioners/Accused Nos.1 to 5 Vs The State Rep By,, The Inspector of Police, Kodaikanal Police Station, Dindigul District Crime No.318/2024.
... Respondent/Complainant For Petitioners : Mr.Ramu.M, Advocate.
For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS 1/5
PRAYER :- For Bail in crime no.318 of 2024 on the file of the respondent police and thus render justice.
ORDER : The Court made the following order :- The petitioners /Accused Nos.1 to 5, who were arrested and remanded to judicial custody on 02.09.2024 for the offence under Sections 191(2), 191(3) 140(1), 103(1) of BNS and Section 3 of TNPPDL Act in Crime No.318 of 2024, on the file of the respondent police, seek bail.
2. The case of the prosecution is that there was a land dispute between the defacto complainant's son and the sixth accused. On 24.08.2024, the accused persons caused threat to the deceased and on 26.08.2024, at about 06.00 p.m., the deceased was knocked off with a vehicle and thereafter, he was kidnapped and he was indiscriminately attacked. The deceased ultimately succumbed to the injuries.
3. Heard the learned appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent Police.
4. There are totally six accused persons in this case and Accused Nos.1 to 5 have filed the present bail petition. They were arrested and remanded to judicial custody on 02.09.2024. There seems to be a land dispute between the parties, which ended up with the murder of the deceased. There are no bad antecedents against the petitioners. The investigation is almost completed and the Investigating Officer is only awaiting for the Chemical Analysis Report. Hence, this Court is inclined to grant 2/5
bail to the petitioners subject to the following conditions.
5. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each, with two sureties, each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate No.I, Kodaikanal and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioners shall report before the respondent Police daily at 10.30 a.m until further orders.
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioners shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. 3/5
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 07/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE NO.I, KODAIKANAL.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.
3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.
4 THE INSPECTOR OF POLICE, KODAIKANAL POLICE STATION, DINDIGUL DISTRICT 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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+1 CC to M/s.M.RAMU, Advocate ( SR-13713[I] dated 07/11/2024 )
ORDER
IN CRL OP(MD) No.19129 of 2024 Date :07/11/2024 SA/SAR. /07.11.2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5