Maheshwaran v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL OP(MD). Nos.1529, 1593, 1613 & 1627 of 2025

1. Maheshwaran, S/o. Ramar, Keelakulam, Sivagangai Taluk, Sivagangai District..

2. Sugumar,, S/o. Palpandi, Indhranagar Road, Melavaniyangudi, Sivagangai Taluk, Sivagangai District..

... Petitioners/Accused Nos.12, 13 1.Vignesh, S/o.Krishnan, Keelakulam, Sivagangai Taluk, sivagangai District.

2.Ranjith, S/O.Angusamy, Koovanur, Sivagangai Taluk, Sivagangai District.

... Petitioners/Accused 7 & 9 in Crl.O.P.(MD).No.1593 of 2025 Santhosh Kumar, S/o.Subramanian, Ottakulam, Muthupatti Post, ... Petitioner/Accused No.5 in Crl.O.P.(MD).No.1613 of 2025 1/6

Aathisangar, S/o.Samayamuthu, Keelakulam, Sivagangai Tluk, Sivagangai District ... Petitioner/Accused Not known in Crl.O.P.(MD).No.1627 of 2025 Vs The State of Tamil Nadu,, Rep. by the Inspector of Police, Sivagangai Town Police Station, In Crime No. 772 of 2024.

... Respondent/Complainant in all petitions In Crl.O.P.(MD).Nos.1529, 1593 and 1613 of 2025 For Petitioners : Mr.A.Mohan, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor In Crl.O.P.(MD).No.1627 of 2025 For Petitioner : Mr.R.Balamuruganantham, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITIONS FOR BAIL Under Sec.483 of BNSS COMMON PRAYER :- For Bail in Crime No. 772 of 2024 on the file of the respondent police. 2/6

COMMON ORDER : The Court made the following common order :- The petitioners / A4, A5, A11, A12, A13 and A14, who were arrested and remanded to judicial custody for offences under Sections 191(2), 191(3), 103, 109, 351

(3) of BNS in Crime No.772 of 2024, on the file of the respondent Police, seek bail.

2. The case of the prosecution is that on the Deepavali day, A1 and two of his friends were riding two wheeler in a rash and negligent manner and the same was questioned by the deceased and his friends. Enraged by the same, A1 is said to have gone back to his village and gathered people numbering 15 and came back to the place and they all indiscriminately attacked the deceased and two others with deadly weapons. There are totally 15 accused persons in this case and the petitioners have been arrayed as A4, A5, A11, A12, A13 and A14.

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 manner in which the incident had taken place and also taking note of the fact that Accused No.12 has suffered incarceration from 12.11.2024, Accused 3/6

No.13 has suffered incarceration from 13.12.2024, Accused No.14 has suffered incarceration from 08.11.2024, Accused No.4 has suffered incarceration from 04.11.2024, Accused No.5 has suffered incarceration from 04.11.2024, Accused No.11 has suffered incarceration from 07.11.2024 and considering the previous cases against the petitioners and taking note of the fact that Accused No.9 has already been enlarged on bail by this Court in Crl.O.P.(MD).No.644 of 2025 by an order dated 20.01.2025, 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) each, with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Sivagangai, Sivagangai 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 stay at Kambam and report before the Kambam South Police Station on every day at 10.30 a.m. and 05.30 p.m., until further orders. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

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[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/- 28/01/2025 / TRUE COPY / 28/01/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1.The Judicial Magistrate No.I, Sivagangai, Sivagangai District

2. Do-Through The Chief Judicial Magistrate, Sivagangai District.

3. The Superintendent, District Jail, Ramanathapuram.

4. The Inspector of Police, Sivagangai Town Police Station, 5/6

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to The Inspector of Police, Kambam South Police Station, Kumbakonam.

ORDER

IN CRL OP(MD) No.1529 of 2025 Date :28/01/2025 RK(28/01/2025) 6P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6