Krishnamoorthy v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH
1. Krishnamoorthy
2. Valli ... Petitioners/Accused 1 & 3 Vs The State of Tamilnadu, Rep. by the Inspector of Police, E. Pudur Police Station, Trichy City, Crime No. 577/2024.
... Respondent/Complainant For Petitioner : M/s. Alagia Nambi. R, Advocate For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 577 of 2024 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The petitioners/A1 and A3, who were arrested and remanded to judicial custody on 02.10.2024 for the offences under Sections 296(b) and 118(2) of BNS (hereinafter referred to as new penal code) and Section 4 of TNPHW Act and subsequently altered to Sections 105 and 296(b) of new penal code r/w Section 4 of TNPHW Act in Crime No.577 of 2024 on the file of the respondent police, seek bail.
2. The case of the prosecution is that on 23.09.2024 at about 03.00 pm, there was a wordy quarrel between the defacto complainant and the accused persons. A1 and A2 are said to have pushed the mother-in-law of the complainant. As a result of which, she fell down and due to the injury, she suffered stroke. Ultimately, she died on 01.10.2024. There are totally three accused persons in this case and the petitioners have been arrayed as A1 and A2.
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 the manner, in which, this incident has taken place and considering the fact that the petitioners are suffering incarceration from 02.10.2024, this Court is inclined to grant bail to the petitioners subject to the following conditions. 5.Accordingly, the criminal original petition is ordered and the petitioners are 2/5
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 No.II, Trichy, 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 every Monday at 10.30 a.m until further orders except on the days when the case is posted for hearing before the trial Court.
[c] the petitioners shall appear before the trial Court during every hearing date without fail.
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioners shall not abscond either during investigation or trial. [f] 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 3/5
in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 15/11/2024 / TRUE COPY / 15/11/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LR TO 1 THE JUDICIAL MAGISTRATE NO.II, TRICHY.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.
4 THE INSPECTOR OF POLICE, E. PUDUR POLICE STATION, TRICHY CITY.
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5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.19770 of 2024 Date :15/11/2024 SA/SAR. /15.11.2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5