Deepakraj v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04.12.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Deepakraj ... Petitioners/Accused No.6 Vs The Inspector of Police, Chinnamanur Police Station, Theni District.
(Crime No.349 of 2024) ... Respondent/Complainant For Petitioner :
Mr.J.Milton Arul Rajendran, Advocate.
For Respondent :
Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS,2023. PRAYER :- For Bail in Crime No.349 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner / Accused No.6, who was arrested and remanded to judicial custody on 11.10.2024 for the alleged offences under Sections 103(1) of BNS @ 103(1), 61(2)(a) and 238(a) of BNS, in Crime No.349 of 2024, on the file of the respondent police, seeks bail.
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2. The case of the prosecution is that the body of a Forest Guard was found inside a forest. In the course of investigation, it came to light that the accused persons had done to death the deceased and had thrown his body inside the forest. There are totally 6 accused persons in this case and the petitioner has been arrayed as A6. The involvement of the petitioner came to light based on the confession of the co-accused.
3. Heard the learned counsel on either side and perused the material records of the case.
4. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioner is in judicial custody from 11.10.2024 and already A1 to A5 have been enlarged on bail by the learned Principal Sessions Court, Theni, this Court is inclined to grant bail to the petitioner subject to the following conditions:
5. Accordingly, the petitioner is ordered to be released on bail on his 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, Uthamapalayam, Theni 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.
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[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 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/- 04/12/2024 / TRUE COPY / 04/12/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
pal TO 1 THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM, THENI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3/4
3 THE INSPECTOR OF POLICE, CHINNAMANUR POLICE STATION, THENI DISTRICT.
4 THE OFFICER INCHARGE, DISTRICT JAIL, THENI. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.21182 of 2024 Date :04/12/2024 RS/IT/SAR-(04.12.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4