Karl Marks v. State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Karl Marks, ... Petitioner/ Sole Accused Vs The State of Tamil Nadu represented by the Inspector of Police, Cholapuram Police Station, Thanjavur District.
(Crime No.479 of 2024) ... Respondent / Complainant For Petitioner : Mr.S.Gurumoorthy, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITIONS FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.479 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 26.09.2024 for the alleged offences under Sections 296(b), 126(2), 109, 351
(3) of BNS r/w. 25(1A) of Arms Act, 1959, in Crime No.479 of 2024, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner was involved in a double 1/4
murder case and he was arrested in that case and was released on bail. After coming out on bail, the petitioner is said to be threatened the defacto complainant with dire consequences by showing a deadly weapon and further threatened him that he will do away with the defacto complainant like he had killed his two sons.
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 has suffered incarceration from 26.09.2024 and the investigation is yet to be completed in this case and the statutory period is also over, the petitioner will be entitled for statutory bail. In view of the same, 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 District Munsif cum Judicial Magistrate, Thiruvidaimaruthur, 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 District Munsif cum Judicial 2/4
Magistrate, Thiruvidaimaruthur daily at 10.30 a.m. except on those days the petitioner has to face trial in the pending cases and before the respondent police at 05.30 p.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/- 02/01/2025 / TRUE COPY / 02 / 01 /2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
PAL 3/4
TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THIRUVAIDAIMARUTHUR.
2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3 THE INSPECTOR OF POLICE, CHOLAPURAM POLICE STATION, THANJAVUR DISTRICT.
4 THE SUPERINTENDENT CENTRAL PRISON, PUTHUKKOTTAI.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.21782 of 2024 Date :02/01/2025 PSP/ /SAR /02.01.2025/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4