Ramachandran v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/11/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Ramachandran ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Karivalamvanthanallur Police Station, Tenkasi District, (Crime No. 388 of 2024).
... Respondent/Complainant For Petitioner : Mr.D.Rajaboopathy, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of B.N.S.S. U/s 439 of Cr.P.C. PRAYER :- For Bail in Crime No. 388 of 2024 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The petitioner / sole accused, who was arrested and remanded to judicial custody on 17.10.2024 for the offence under Sections 296(b), 115(2), 351(3) @ 296(b) 115(2), 351
(3) and 108 of BNS in Crime No.388 of 2024 on the file of the respondent Police, seeks bail.
2. The case of the prosecution is that there was a dispute between the deceased and her husband. The petitioner is the brother of the wife of the deceased. On the date of occurrence, there was a wordy quarrel between the deceased and her husband and this petitioner intervened and he assaulted the deceased and warned him with dire consequences. The deceased took the extreme step of committing suicide by consuming poison.
3. The learned Additional Public Prosecutor on instructions submitted that there are nine previous cases against the petitioner and that the petitioner is a habitual offender.
4. Taking into consideration the facts and circumstances of the case and considering the manner in which this incident had taken place and also taking into 2/5
account the fact that the petitioner had suffered incarceration from 17.10.2024 and the previous cases against the petitioner may not have any bearing insofar as the case in hand is concerned, 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, Sankarankovil, Tenkasi 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.
[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 3/5
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/- 25/11/2024 / TRUE COPY / 25/11/2024 Sub-Assistant Registrar (CS-I / II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO 1.THE JUDICIAL MAGISTRATE, SANKARANKOVIL, TENKASI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TENKASI.
3.THE SUPERINTENDENT, CENTRAL JAIL, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.
4.THE INSPECTOR OF POLICE, KARIVALAMVANTHANALLUR POLICE STATION, TENKASI DISTRICT, 4/5
5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.20476 of 2024 Date :25/11/2024 RK (25/11/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5