Balammal v. The State Of Tamilnadu Rep.By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14.11.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH 1.Balammal 2.S.Selva Subha ... Petitioners/Accused Nos.2 & 3 Vs The State of Tamil Nadu rep by the Inspector of Police, Eral Police Station, Thoothukudi District.
(Crime No. 199 of 2024.) ... Respondent/Complainant For Petitioners : Mr.K.Dinesh, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 199 of 2024 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The petitioners /Accused Nos.2 & 3, who were arrested and remanded to judicial custody on 14.10.2024 for the offence under Sections 194(3) of BNSS @ 108 of BNS, in Crime No.199 of 2024, on the file of the respondent police, seek bail.
2. The case of the prosecution is that due to the cruelty meted out by the accused persons, the deceased committed suicide. There are totally 4 accused persons in this case and the petitioners have been arrayed as A2 and A3. They are the mother-in-law and the sister-in-law of the deceased.
3. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent Police.
4. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioners have suffered incarceration from 14.10.2024, this Court is inclined to grant bail to the petitioners subject to the following conditions.
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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 Judicial Magistrate, Thoothukudi District, 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 on every Monday and Friday 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 3/5
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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 14/11/2024 / TRUE COPY / 14/ 11 /2024 Sub-Assistant Registrar ( CS-I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
pal TO:
1.The Judicial Magistrate, Thoothukudi District.
2. -do through The Chief Judicial Magistrate, Thoothukudi District. 3.The Officer-in-Charge, Women Prison, Kokkarakulam, Tirunelveli.
4.The Inspector of Police, Eral Police Station, Thoothukudi District.
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5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.K.Dinesh, Advocate ( SR-14032[i] )
ORDER
IN CRL OP(MD) No.19640 of 2024 Date : 14.11.2024 SI-(14.11.2024) 5P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5