Murugan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Murugan ... Petitioner / Sole Accused Vs The State of Tamil Nadu represented by The Inspector of Police, All Women Police Station, Sankarankoil, Tenkasi District.
(Crime No.18 of 2024) ... Respondent / Complainant For Petitioner :
Mr.M.Jagadeesha Pandian Advocate.
For Respondent :
Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS,2023. PRAYER :- For Bail in Crime No.18 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 17.08.2024 for the alleged offences under Sections 333, 64(2)(K) & (m) of BNSS, 1/5
2023, in Crime No.18 of 2024, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the victim is a visually challenged women. The victim and her mother were residing next to the house of the younger brother. On 15.08.2024, the petitioner is said to have committed rape on the victim women and on being seen by the defacto complainant, he ran away from the house. The act of the petitioner was condemned by the defacto complainant and her family. Inspite of the same, petitioner once again went to the house and committed rape on the victim women.
3. The three earlier bail applications filed by the petitioner was dismissed by this Court, since the investigation was pending and this Court also took into consideration the seriousness of the allegations made against the petitioner. This is the fourth bail application filed before this Court.
4. The learned counsel for the petitioner submitted that, petitioner suffered incarceration from 17.08.2024 and that the investigation has already been completed and the charges have also been framed.
5. The learned Additional Public Prosecutor submitted that, rape has been committed on the visually challenged women and this is the fourth bail application filed by the petitioner. He further submitted that, charges were framed in this case on 20.01.2025 and the case is now posted for examination of witnesses on 19.02.2025. The 2/5
learned Additional Public Prosecutor vehemently opposed grant of bail to the petitioner considering the seriousness of the allegations involved in this case.
6. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioner has suffered incarceration from 17.08.2024 and taking note of the fact that the investigation has been completed and the charges have already been framed and the case is now at the stage of examination of witnesses, this Court is inclined to grant bail to the petitioner subject to the following conditions
7. 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 Court, Sankarankoil, Tenkasi, 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 learned Judicial Magistrate Court, Sankarankoil, Tenkasi District daily at 10.30.a.m., apart from the hearing dates until further orders without fail.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
3/5
[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/- 22/01/2025 / TRUE COPY / 22/01/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
sma TO 1 THE JUDICIAL MAGISTRATE, SANKARANKOIL, TENKASI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TENKASI DISTRICT. 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SANKARANKOVIL, TENKASI DISTRICT.
4 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI.
4/5
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.21504 of 2024 Date :22/01/2025 RS/IT/SAR-(22.01.2025) 5P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5