Velmurugan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH

1. Velmurugan

2. Rajkumar

3. Mayandi

4. Kalaiyarasi ... Petitioners/Accused No.1 to 4 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Pattiveeranpatti Police Station, Dindigul District.

(Cr.No.2/2025).

... Respondent/Complainant For Petitioner : M/s.Arokia Selva Ramesh.S, Advocate For Respondent : Mr.S.Ravi, Additional Public Prosecutor 1/5

PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.02 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners/A1 to A4, who were arrested and remanded to judicial custody on 02.01.2025 for the offences under Sections 49 and 103 of BNS (hereinafter referred to as new penal code) in Crime No.02 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the accused persons and the deceased are neighbours. There was a dispute between the parties and on 29.12.2024 at about 05.00 p.m, there was a wordy quarrel and the accused persons are said to have attacked with iron rod and stones and as a result, the deceased sustained grievous injuries. Unfortunately, the deceased succumbed to the injuries on 02.01.2025. In view of the same, an alteration report was filed and the offence under Section 103 of BNS was added.

3. Heard the learned Counsel appearing on either side. 2/5

4.Taking into consideration the facts and circumstances of the case and considering the manner in which this incident had taken place and taking note of the defence that has been taken by the petitioners and considering the fact that except A2, all the other accused persons do not have any previous cases and A2 has one previous case for NDPS offence and taking note of the fact that the petitioners have already suffered incarceration from 02.01.2025, this Court is inclined to grant bail to the petitioners subject to the following conditions.

5. Accordingly, the criminal original petition is ordered and 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, Nilakottai, Dindigul 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 daily at 10.30 a.m until further orders.

3/5

[c] the petitioners shall appear before the trial Court during every hearing date without fail.

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioners shall not abscond either during investigation or trial. [f] 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS 2023.

sd/- 31/01/2025 / TRUE COPY / 31/01/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

LR 4/5

TO 1 THE JUDICIAL MAGISTRATE NILAKOTTAI, DINDIGUL DISTRICT.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, DINDUGAL DISTRICT. 3 THE OFFICER INCHARGE, NILAKOTTAI JAIL, DINDIGUL DISTRICT.

4 THE INSPECTOR OF POLICE, PATTIVEERANPATTI POLICE STATION, DINDIGUL DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.S.AROKIYA SELVA RAMESH, Advocate ( SR-1258[I] dated 31/01/2025 )

ORDER

IN CRL OP(MD) No.1617 of 2025 Date :31/01/2025 SS/SAR- /31/01/2025/ 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5