Karthi @ Karthikkumar v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/12/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH 1.Karthi @ Karthikkumar 2.Nagarajan ... Petitioner/Accused No.1 & 2 Vs The State of Tamilnadu, Rep By, The Inspector of Police, Palani Taluk Police Station, Dindigul District, (Cr.No.516 of 2024.) ... Respondent/Complainant For Petitioners :
Mr.M.Karunanithi, Advocate For Respondent :
Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.516 of 2024 on the file of the respondent police. 1/5
ORDER : The Court made the following order :- The petitioners/Accused, who were arrested and remanded to judicial custody on 29.10.2024 for the offences under Section 194(3)(iv) of BNSS Act @ Section 105 of BNS Act, 2023 in Crime No.516 of 2024 on the file of the respondent police, seek bail.
2.The case of the prosecution is that there is a property dispute between the parties. On the date of occurrence, there was a wordy quarrel between the deceased and the petitioners. The petitioners are said to have attacked the deceased with hands and the deceased succumbed to injuries. 3.Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent. 4.Taking into consideration the facts and circumstances of the case and considering the fact that there was a property dispute which led to the occurrence and taking note of the fact that the petitioners have suffered incarceration from 29.10.2024 and there are no previous cases against the petitioners, this Court is inclined to grant bail to the petitioners subject to the following conditions.
5. Accordingly, this criminal original petition is ordered and the petitioners are ordered to be released on bail on executing a bond for a sum of 2/5
Rs.10,000/- (Rupees ten thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Palani, 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 petitioners shall report before the respondent Police every Monday and Friday at 10.30 a.m., until further orders; [c] the petitioners shall not tamper with evidence or witness either during investigation or trial;
[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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];
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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
sd/- 16/12/2024 / TRUE COPY / 16/12/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
PNM To 1.The Judicial Magistrate, Palani.
2.Do through the Chief Judicial Magistrate, Dindigul District.
3.The Inspector of Police, Palani Taluk Police Station, Dindigul District.
4.The Officer Incharge, District Prison, Dindigul.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.M.KARUNANITHI, Advocate ( SR-15443[I] dated 16/12/2024 )
ORDER
IN CRL OP(MD) No.22173 of 2024 Date :16/12/2024 4/5
ED/ /SAR- (16/12/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5