S. Selvamarimuthu v. State Of Tamil Nadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.11.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH S.Selvamarimuthu, ... Petitioner/ Accused No.1 Vs State of Tamil Nadu, Rep By, The Inspector of Police, Eral Police Station, Thoothukudi District.
Crime No.199/2024.
... Respondent/Complainant For Petitioner : Mr.K.Dinesh, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITIONS FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.199/2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner / Accused No.1, who was arrested and remanded to judicial 1/4
custody on 14.10.2024 for the alleged offence under Sections 194(3) of BNSS @ 108 of BNS, in Crime No.199 of 2024, on the file of the respondent police, seeks 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 petitioner has been arrayed as A1.
3. Heard the learned counsel appearing for the petitioner 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 petitioner has suffered incarceration from 14.10.2024, this Court is inclined to grant bail to the petitioners subject to the following conditions.
5. Accordingly, the petitioner is ordered to be released on bail on their 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 No. II, Srivaikundam, 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 petitioner shall report before the respondent Police daily at 10.30 a.m until further orders.
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[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner 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 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 20/11/2024 / TRUE COPY / 20 / 11 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
PAL TO 1 THE JUDICIAL MAGISTRATE NO.II, SRIVAIKUNDAM, THOOTHUKUDI DISTRICT.
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2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT. 3 THE INSPECTOR OF POLICE, ERAL POLICE STATION, THOOTHUKUDI DISTRICT.
4 THE SUPERINTENDENT CENTRAL JAIL, PALAYAMKOTTAI.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.20094 of 2024 Date :20/11/2024 PSP/ /SAR /20.11.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4