Balamurugan @ Bala v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date :11.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI 1.Balamurugan @ Bala 2.Karthick 3.Stalin 4.Manikandan 5.Tamilarasan ... Petitioners/Accused No.9,11,14,15 & 17 Vs The Sub Inspector of Police, Batlagundu Police Station, Dindigul District.

(Cr.No.220 of 2024) ... Respondent/Complainant For Petitioners: Mr.S.Arokiyaselvramesh,Advocate For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.220 of 2024 on the file of the respondent Police. 1/5

ORDER : The Court made the following order :- The respondent police registered a case as against the petitioners in Crime No.220 of 2024 for the offence under Sections 147, 148, 294(b), 323, 324, 307 and 506(ii) IPC and remanded them into judicial custody on 20.05.2024. Therefore, the petitioners have filed this petition seeking bail. 2.The case of the prosecution is that there was a dispute between the parties with regard to the temple festival. Due to which, the accused persons abused the defacto complainant in filthy language and also attacked the defacto complainant and four others.

3.The learned counsel for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submits that all are relatives and belonging to the same village. The petitioners are languishing in jail from 20.05.2024. Accordingly, he prays to grant bail to the petitioners.

4.The learned Additional Public Prosecutor appearing for the respondent opposes for grant of bail on the ground that the investigation is yet to be completed and in the occurrence, three persons got grievous injuries and one person got simple injuries. However, he fairly submits that the injured persons have been discharged from the hospital.

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5.Considering the fact that the injured persons have been discharged from the hospital and also considering the period of incarceration, this Court is inclined to grant bail to the petitioners with certain conditions. 6.Accordingly, this Criminal Original Petition is ordered and the petitioners are ordered to be released on bail, i)on the petitioners executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand)each, with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Nilakottai, Dindigul District. ii)The petitioners and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address; iii)The petitioners shall report before the respondent Police daily morning at 10.30 a.m., and evening at 05.00 p.m., until further orders. They have to co-operate for the investigation.

iv)The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. They shall be available for the trial as well.

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v)On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the bail. sd/- 11/06/2024 / TRUE COPY / 11/06/2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO THE JUDICIAL MAGISTRATE, NILAKOTTAI, DINDIGUL DISTRICT.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

THE SUB INSPECTOR OF POLICE BATLAGUNDU POLICE STATION, DINDIGUL DISTRICT.

THE OFFICER INCHARGE SUB JAIL, DINDIGUL THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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+1 CC to M/s.S.AROKIYA SELVA RAMESH, Advocate ( SR-6337[I] dated 11/06/2024 )

ORDER

IN CRL OP(MD) No.8492 of 2024 Date :11/06/2024 PKP/11.06.2024/ 5P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5