Murugan v. The State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-06-2025
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR 1.Murugan 2.Manojkumar .... Petitioners Vs State Rep. By The Inspector of Police, Mathikonpalayam Police Station, Dharmapuri District.
(Crime No.61 of 2025) .... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.61 of 2025 pending investigation on the file of the respondent. For Petitioner(s) : Mr.J.Bharathi Raja For Respondent(s): Mr.L.Baskaran Government Advocate
ORDER
The petitioner/A3 was arrested on 09.05.2025 and the petitioner/A6 was arrested on 13.05.2025, for the offence punishable under Sections 191(2), 1/6
191(3), 296(b) and 109(1) of BNS, in connection with Crime No.61 of 2025, registered on the file of the respondent, seek bail.
2. The case of the prosecution is that due to family dispute, the petitioner/A1 came to the defacto complainant's house, abused the defacto complainant's brother in filthy language, and also assaulted him with stone. The further allegation is that the petitioners along with other accused attacked the victim using iron rod, knife and broken stones causing head injuries. Hence the complaint.
3. The learned counsel appearing for the petitioners would submit that the victim in this case was a notorious rowdy involved in a murder case and it was the victim who attempted to do away the petitioner, which was restricted by the petitioners, however the case was projected against the petitioners. He further submitted that the defacto complainant is none other than the sister of A1. He further submitted that the petitioners/A1, A2, A4 and A5 were granted anticipatory bail in Crl.OP.No.15716 of 2025 dated 22.05.2025 by this Court. Hence, he prayed to grant bail to the petitioners. 2/6
4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that there are totally 8 accused in this case. He further submitted that due to family dispute, there was a wordy quarrel, for which the petitioners attacked the victim with iron rod, causing grievous injuries on head and he was admitted in the hospital on 08.05.2025 and got discharged on 16.05.2025 and again, the victim got severe pain in head and skull, due to which, he was re-admitted in the hospital and surgery was done.
5. Considering the facts and circumstances of the case, submissions made by the learned counsels on either side and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail on his 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 -1, Dharmapuri, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form 3/6
No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;
[b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for further interrogation; [c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner 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)13 SCC 283];
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S 18-06-2025 sma 4/6
Note:
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.
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M. NIRMAL KUMAR.,J.
sma 18-06-2025 6/6