Sathis Kumar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/11/2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Sathis Kumar ... Petitioner/Accused No.3 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Nagamalaipudukottai Police Station, Madurai District.

(Crime No. 351 of 2024).

... Respondent/Complainant For Petitioner :

Mr.Raghuman Khan.M, Advocate.

For Respondent :

Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 351 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- 1/5

The petitioner / Accused No.3, who was arrested and remanded to judicial custody on 11.09.2024 for the offence under Section 194 of BNS @ Section 103(1) of BNS in Crime No.351 of 2024, on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that the deceased/Rajamanickam is said to have repeatedly sent obscene messages to the wife of A2 and this was condemned by A2 and his wife on many occasions. However, the deceased continued to send such messages. Under such circumstances, the accused persons conspired together and decided to do away with the deceased. On 08.09.2024 at about 03.00 p.m, A1 asked the deceased to come to the place of occurrence and on reaching the place, the deceased was assaulted by the accused persons. As a result of which, he succumbed to the injuries. Initially, the FIR was registered under Section 194 of new procedure code and thereafter, it was altered to Section 103(1) of new penal code. There are totally eight accused persons in this case and the petitioner has been arrayed as A2.

3. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent police.

4. Taking into consideration the facts and circumstances of the case and also considering the fact that there are no previous cases against the petitioner and the petitioner has already suffered incarceration from 11.09.2024 onwards and already this Court had granted bail to Accused No.5 in Crl.O.P.(MD).No.19070 of 2024 by an 2/5

order dated 06.11.2024 and Accused No.8 in Crl.O.P.(MD).No.19742 of 2024, dated 15.11.2024, this Court is inclined to grant bail to the petitioner subject to the following conditions.

5. Accordingly, the criminal original petition is ordered 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 No.VI, Madurai, 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 every Monday and Friday at 05.30 p.m until further orders except on the days when the case is posted for hearing before the trial Court.

[c] the petitioner shall appear before the trial Court during every hearing date without fail.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial 3/5

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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 21/11/2024 / TRUE COPY / 21/11/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG To 1.The Judicial Magistrate No.VI, Madurai.

2.Do through the Chief Judicial Magistrate, Madurai District 3.The Inspector of Police, Nagamalaipudukkottai Police Station, Madurai District.

4.The Superintendent, Central Prison, Dindigul.

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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-14351[I] dated 21/11/2024 )

ORDER

IN CRL OP(MD) No.20223 of 2024 Date :21/11/2024 ED/ /SAR- (21/11/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5