Vignesh v. The State Of Tamil Nadu Through The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN 1.Vignesh 2.Suresh ... Petitioners Vs.

State represented by Inspector of Police, Thammampatty Police Station, Salem District.

(Crime No.15 of 2024) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., prayed to enlarge the petitioners on bail in Crime No.15 of 2024 on the file of the respondent.

For Petitioners : Mr.Deepanuday For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)

ORDER

The petitioners who were arrested and remanded to judicial custody on 18.01.2024, for the offences registered under Sections 147, 148, 294(b), 1/4

307 and 506(ii) of IPC in Crime No.15 of 2024 on the file of the respondent Police, seek bail.

2. The petitioners are arrayed as A3 and A5. The case of the prosecution is that there was a cricket match between two teams. On 16.01.2024, owing to the said cricket match, there was a wordy quarrel and later, the quarrel escalated into violence.

3.It is stated that A1 and A2, by using knife, had caused injuries to the defacto complainant and the other accused had used sticks and hands. 4.Taking all the factors into consideration and the period of incarceration, I am inclined to grant bail to the petitioners subject to the following conditions:

5.Accordingly, the petitioners are ordered to be released on bail on condition to execute a separate 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 No.II, Attur, Salem 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 Book to ensure their identity. [b]the petitioners shall report before the respondent police on 2/4

everyday at 10.30 a.m., until further orders. [c] the petitioners shall not abscond either during investigation or trial.

[d] the petitioners shall not tamper with evidence or witness 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 229A IPC.

12.03.2024 vkr To 1.The Judicial Magistrate No.II, Attur, Salem District.

2. The Inspector of Police, Thammampatty Police Station, Salem District.

3.The District Prison, Attur, Salem District.

4. The Public Prosecutor, High Court of Madras. 3/4

C.V.KARTHIKEYAN, J.

vkr 12.03.2024 (1/2) 4/4