K.Thiyagu v. State Of Tamilnadu Rep By Inspector Of Police, Vengamedu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/05/2025 PRESENT THE HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). Nos.8691 & 8700 of 2025 1.K.Thiyagu 2.Parthiban 3.M.Santhoshkumar ... Petitioners / Accused Nos.1 to 3 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Vengamedu Town Police Station, Crime No.72/2025.
... Respondent/Complainant Crl.O.P.(MD).No.8700 of 2025 1.V.Rajavel 2.P.Dinesh ... Petitioners / Accused Nos.4 & 6 1/6
Vs The State of Tamil Nadu, Rep by the Inspector of Police, Vengamedu Town Police Station, Crime No.72/2025.
... Respondent/Complainant In Both petitions For Petitioners : Mr.N.Pragalathan, Advocate For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITIONS FOR BAIL Under Sec.483 of BNSS, 2023 COMMON PRAYER :- For Bail in Crime No. 72 of 2025 on the file of the respondent-police. COMMON ORDER : The Court made the following common order :- The petitioners / Accused Nos.1 to 4 and 6, who were arrested and remanded to judicial custody on 17.03.2025 for the offences punishable under Sections 191(2), 296(b), 115(2), 118(1), 109 and 351(3) @ 191(2), 296(b), 115(2), 118(1), 103 and 351(3) of BNS, 2023 in Crime No.72 of 2025 on the file of the respondent police, seek bail.
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2. The allegation against the petitioners is that the petitioners had developed a quarrel with the deceased and these petitioners along with other accused jointly attacked the deceased with their hands and subsequently, stabbed him by using beer bottles. The deceased was immediately taken to the hospital, where he underwent treatment for nearly three weeks, after which, he died.
3. The learned counsel appearing for the petitioners submits that there was no prior enmity between the petitioners and the deceased, and that only a wordy quarrel took place on the spot, after which, the petitioners attacked and stabbed him by using beer bottles. However, they have been arrested and they are languishing in jail from 17.03.2025. Therefore, he prays for grant of bail.
4. The learned Additional Public Prosecutor appearing for the respondentpolice submits that Accused Nos. 1 and 2 each have one previous case registered against them, whereas, there are no previous cases against Accused Nos. 3, 4, and 6. He further submits all the accused persons were arrested and remanded to judicial custody. However, he prays to dismiss this petition.
5. Considering the specific overt attributed against the petitioners and also 3/6
considering the period of incarceration, this Court is inclined to grant bail to the petitioners on certain conditions.
6. Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each along with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate I, Karur, Karur District; (i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii)the petitioners shall stay at Tirunelveli and appear and sign before the Inspector of Police, Palayamkottai Police Station, Tirunelveli District, daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation by the respondent-Police;
(iii) the petitioners shall not tamper with evidence or witness; iv) the petitioners shall not abscond during trial. 4/6
v) 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]. sd/- 14/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO
1. Judicial Magistrate I, Karur, Karur District.
2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR, KARUR DISTRICT.
3. The Superintendent, Central Prison, Trichy.
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4. The Inspector of Police, Vengamedu Police Station, 5.The Inspector of Police, Palayamkottai Police Station, Tirunelveli District.
6. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.8691 and 8700 of 2025 Date :14/05/2025 VN/15.05.2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6