Muthukumar @ Muthu v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH 1.Muthukumar @ Muthu 2.Sanjay ... Petitioners/Accused No.1 & 2 Vs The Inspector of Police, Rameswaram Town Police Station, Rameswaram, Ramanathapuram District.
(Crime No.251 of 2023) ... Respondent / Complainant For Petitioners :
Mr.D.Rameshkumar, Advocate.
For Respondent :
Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS,2023. PRAYER :- For Bail in Crime No. 251 of 2023 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioners / Accused 1 & 2, who were arrested and remanded to judicial custody on 08.11.2024 for the alleged offence under Sections 302 and 201 of IPC, in Crime No.251 of 2023, on the file of the respondent police, seek bail. 1/4
2. The case of the prosecution is that an FIR was registered in Crime No.251 of 2023 as a man missing case. During the course of investigation, it came to light that the petitioners and the deceased were friends and that they had done to death the deceased and also dumped his body in a particular place. Thereafter, the body was was thrown into the sea. The investigation officer was able to get only the bones and body parts which were sent for DNA test and the investigation is pending.
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 petitioners have suffered incarceration from 08.11.2024 and taking note the age of the petitioners and also considering the fact that 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, the petitioners are ordered to be released on bail on their 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, Rameswaram, Ramanathapuram District, 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 2/4
Book to ensure their identity.
[b] the petitioners shall report before the respondent Police daily 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]. [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 JUDICIAL MAGISTRATE, RAMESWARAM, RAMANATHAPURAM DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.
3 THE INSPECTOR OF POLICE, RAMESHWARAM TOWN POLICE STATION, RAMESWARAN, RAMANATHAPURAM DISTRICT.
4 THE OFFICER INCHARGE, DISTRICT PRISON, RAMANATHAPURAM. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.22947 of 2024 Date :02/01/2025 RS/IT/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