Panchavarnam 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 Panchavarnam, ... Petitioner/Accused No.2 Vs The State of Tamilnadu, Rep By, The Inspector of Police, Kadupatti Police Station, Madurai District.
Cr.No.131/2024..
... Respondent/Complainant For Petitioner : Mr.A.Yasarkhan, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITIONS FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.131 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused No.2, who was arrested and remanded to judicial custody on 03.10.2024 for the offences under Sections 126(2) & 103 of BNS in Crime No.131 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 Accused No.1, who is the paternal uncle of the deceased and the deceased. The 1/4
accused persons conspired and decided to do away with the deceased. Accordingly, on the date of occurrence, chilli powder was sprinkled in the face of the deceased and thereafter, he was attacked indiscriminately with knife and aruval and thereafter, he died. There are totally five accused persons in this case and the petitioner has been arrayed as Accused No.2. The specific overt act attributed is that Accused Nos.1, 3, 4 and 5 were present in the scene of crime and it is Accused No.2, who had conspired with the other accused persons to commit the crime.
3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent Police.
4. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioner has suffered incarceration from 05.10.2024 and the overt act attributed against the petitioner is that she was involved in the conspiracy and there are no previous cases against the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions.
5. 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, Vadipatti and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the 2/4
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 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/- 10/12/2024 / TRUE COPY / 10 / 12 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
TSG 3/4
TO 1 THE JUDICIAL MAGISTRATE, VADIPATI 2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISION FOR WOMEN, MADURAI.
4 THE INSPECTOR OF POLICE, KADUPATTI POLICE STATION, MADURAI DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.A.YASARKHAN, Advocate ( SR-15183[I] dated 10/12/2024 )
ORDER
IN CRL OP(MD) No.21651 of 2024 Date :10/12/2024 PSP/ /SAR /10.12.2024/ 4P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4