Mani v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Sixth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.12584 of 2022 1 MANI [ PETITIONERS / ACCUSED ] 2 SOUNDARARAJAN Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, ARCOT TALUK POLICE STATION, ARCOT TALUK, RANIPET DISTRICT.

CR.NO.43 OF 2022.

For Petitioner : M/S.D.THIRUMORTHY, Advocate For Respondent : MR.A.DAMODARAN, Additional Public Prosecutor, PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who were arrested and remanded to judicial custody on 07.03.2022 for the offences punishable under Sections 147, 148, 341, 294(b), 323, 324 & 302 of IPC in crime No.43 of 2022 on the file of the respondent police, seek bail.

2. It is the case of the prosecution that the defacto complainant's elder daughter had married the first petitioner's son belonging to different community.

Thereafter, due to misunderstanding, often there were quarrels. On the occurrence day, the petitioners and other accused attacked the husband of the defacto complainant with iron rod, thereby he sustained grievous injury and died.

3.The learned counsel appearing for the petitioner would submit that the petitioners are senior citizens and have not played any role in committing the crime. He would further submit that only the sons of the petitioners involved in the offence and they have been

detained under the Goondas Act. Hence, he seeks for grant of bail to the petitioners.

4.The learned Additional Public Prosecutor would submit that the petitioners/A4 & 5 and other accused persons attacked the defacto complainant's husband, thereby he sustained grievous injuries and died. He would further submit that now, charge sheet has been filed and the same has been taken cognizance by the learned Judicial Magistrate concerned.

5.Considering the above facts and circumstances of the case, this Court is inclined to grant bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two blood related sureties, each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Arcot 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 daily at 10.30 a.m and 05.30 p.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 abscond, a fresh FIR can be registered under Section 229A IPC.

-sd/- 06/06/2022 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, ARCOT.

2 THE CHIEF JUDICIAL MAGISTRATE VELLORE. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, ARCOT TALUK POLICE STATION, ARCOT TALUK, RANIPET DISTRICT.

5 THE SUPERINTENDENT, CENTRAL JAIL, VELLORE.

+1 CC to M/S.P.ARTHI Advocate on payment of necessary charges SR.NO.8487 CRL OP.12584/2022 Date :06/06/2022 TA-07/06/2022