Saravanan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/12/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Saravanan, ... Petitioner/Sole Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Karaiyur Police Station, Pudukkottai District.

In Crime No.106/2024..

... Respondent/Complainant For Petitioner : Mr.K.Sathish Kumar, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITIONS FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.106 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 06.08.2024 for the offence under Sections 296(b), 118(1), 351(2) and 303(2) of BNS @ 1/5

296(b), 118(1), 351(2) and 303(2) @ 103(1) of BNS in Crime No.106 of 2024 on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that there was a property dispute between the petitioner and his mother. The petitioner is said to have attacked his mother with wooden log on 04.08.2024 and as a result, the mother sustained grievous injuries and died on 09.08.2024.

3. The petitioner filed the earlier bail petition before this Court in Crl.O.P.(MD). No.18397 of 2024 and this Court by an order dated 25.10.2024 was pleased to dismiss the petition considering the fact that the petitioner had attacked his mother and killer her.

4. The present bail petition has been filed on the ground that investigation has been completed and police report has been filed and the case is pending before the Court.

5. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent Police.

6. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioner has suffered incarceration from 06.08.2024 and the investigation has been completed and the case is now pending before the learned Principal District Judge, Pudukkottai in S.C.No.191 of 2024 and the case is posted for 2/5

hearing on 11.12.2024, 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, Ponnamaravathi 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 Principal District Judge, Pudukkottai during every date of hearing without fail. [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]. 3/5

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

sd/- 10/12/2024 / TRUE COPY / 10 / 12 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1 THE JUDICIAL MAGISTRATE PONNAMARAVATHI.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.

3 THE PRINCIPAL DISRICT JUDGE PUDUKOTTAI.

4 THE OFFICER INCHARGE, DISTRICT JAIL, PUDUKKOTTAI.

5 THE INSPECTOR OF POLICE, KARAIYUR POLICE STATION, PUDUKKOTTAI DISTRICT.

6. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.K.SATHISH KUMAR, Advocate ( SR-15215[I] dated 10/12/2024 ) 4/5

ORDER

IN CRL OP(MD) No.21641 of 2024 Date :10/12/2024 PSP/ /SAR /10.12.2024/ 5P/ 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5