Sengolsesu v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/11/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Sengolsesu ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep by the Inspector of Police, Pattukottai Police Station, Thanjavur District.
(Crime No. 536/2024.) ... Respondent/Complainant For Petitioner :
Mr.Sasikumar. R, Advocate.
For Respondent :
Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 536 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Sole Accused, who was arrested and remanded to judicial custody on 17.09.2024 for the offences under Section 103 of BNS Act in Crime No.536 of 2024, 1/5
on the file of the respondent Police, seeks bail.
2. The case of the prosecution is that on 16.09.2024, one Thambusamy, who is the husband of the defacto complainant went to his godown and found that the petitioner, who was working under him had stolen a water can. When the petitioner was questioned, the petitioner is said to have attacked the deceased with a plunger in his head, resulting in his death.
3. The petitioner filed an earlier bail petiton before this Court in Crl.O.P.(MD).No.18796 of 2024 and the same was dismissed by an order dated 29.10.2024 considering the manner in which the incident had taken place.
4. The learned Additional Public Prosecutor appearing for the respondent Police submitted that in the course of investigation, it was ascertained that the petitioner had lent money to the deceased and when the petitioner insisted for the repayment, there was a wordy quarrel and the petitioner is said to have attacked the deceased with a plunger. He further submitted that the postmortem report has been received and the cause of death is now ascertained as head injuries.
5. The learned counsel appearing for the petitioner submitted that the petitioner has suffered incarceration from 17.09.2024 and that the investigation has almost been completed and therefore, requested before this Court to enlarge the petitioner on bail.
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6. Taking into consideration the facts and circumstances of the case and considering the fact that the investigation has reached its fag end and the petitioner has suffered incarceration from 17.09.2024, this Court is inclined to grant bail to the petitioner subject to the following conditions.
7. 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, Pattukottai, Thanjavur 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/- 29/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG To 1.The Judicial Magistrate, Pattukottai, Thanjavur District.
2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.
3.The Inspector of Police, Patukottai Police Station, Thanjavur District.
4.The Officer Incharge Sub Jail, Trichy District.
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5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.P.M.VISHNUVARTHANAN, Advocate ( SR-14755[I] dated 29/11/2024 )
ORDER
IN CRL OP(MD) No.20832 of 2024 Date :29/11/2024 ED/ /SAR- (29/11/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5