Banumathi @ Jarinabanu v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eighteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice N. ANAND VENKATESH CRIMINAL ORIGINAL PETITION NOs.11302,11503,11513 AND 11521 of 2022 1 BANUMATHI @ JARINABANU [ PETITIONERS/ ACCUSED NOs.4,5&9 2 KARTHIKEYAN IN CRL.OP.NO.11302/2022] 3 RAJKUMAR RAGAVENDIRAN @ RAGUL [ PETITIONER/ ACCUSED NO.2 IN CRL.OP.NO.11503/2022] TAMILSELVAN [ PETITIONER/ ACCUSED NO.1 IN CRL.OP.NO.11513/2022] MANIKANDAN [ PETITIONER/ ACCUSED NO.6 IN CRL.OP.NO.11521/2022] Vs STATE REP BY [ RESPONDENT/COMPLAINANT THE INSPECTOR OF POLICE, IN ALL THE PETITIONS] THE ANNAMALAI POLICE STATION, COIMBATORE DISTRICT.

(CRIME NO.184/2022) For Petitioner : M/S D.R.ARUN KUMAR Advocate [IN CRL.OP.NOs.11302&11503/2022] : M/S.V.ANANDHAMOORTHY Advocate [IN CRL.OP.NOs.11513&11521/2022] For Respondent : MR.S.SANTHOSH, Govt. Advocate ( Crl. Side) [IN ALL THE PETITIONS] PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners were arrested and remanded to judicial custody on 28.02.2022 for alleged offence under Sections 147, 294(b), 449, 323, 324 and 302 IPC in Crime No.184 of 2022 on the file of the respondent police, seek bail.

2. The case of the prosecution was that the petitioners picked up wordy quarrel with the deceased regarding sharing of drinking water from a public tap and ultimately it ended in the deceased being attacked by nearly ten accused persons and he died on the spot.

3. Learned Government Advocate (Criminal Side) submitted that the entire incident had taken place due to wordy quarrel between the deceased and the accused persons and the deceased was attacked with hands and he was badly injured and he died on the spot. Learned Government Advocate (Criminal Side) further submitted that the investigation has been completed and final report has been filed and it is yet to be taken on file.

4. Learned counsel for the petitioners submitted that the entire incident took place in the spur of the moment and the petitioners have already suffered incarceration for more than 80 days. Learned counsel further submitted that A3, A7 and A8 were already granted bail by this Court vide orders dated 27.04.2022 and 11.05.2022 respectively. Learned counsel further submitted that the petitioners will co-operate for the investigation and will comply with any conditions imposed by this Court.

5. A careful reading of the materials available on record shows that the entire incident had taken place in a spur of the moment which started by way of wordy quarrel between the petitioners and the deceased regarding the sharing of drinking water from the public tap. This is not the case of pre-mediated murder and the investigation has already been completed and the final report has also been filed. That apart, there are no previous cases against the petitioners and some of the accused persons have already been granted bail by this Court. In view of the same, this Court is inclined to enlarge the petitioners on bail by subjecting them to certain conditions:

6. Accordingly, the petitioners are ordered to be released on bail on each of them 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 No.I, Pollachi, 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 every Monday at 6.30 p.m., for a period of eight weeks and thereafter as and when required.

[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 persons thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

-sd/- 18/05/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.I, POLLACHI.

2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE DISTRICT [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, THE ANNAMALAI POLICE STATION, COIMBATORE DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+2CC to M/S D.R.ARUN KUMAR Advocate on payment of necessary charges SR.NOs.7227+7228 +2CC to M/S V.ANANDHAMOORTHY Advocate on payment of necessary charges SR.NOs.7122+7121 CRL OP.NOs.11302,11503,11513&11521/2022 Date :18/05/2022 CSK 18/05/2022