Dhinesh @ Dhineshkumar v. State Of Tamilnadu Rep By The Sub Inspector Of Police, Cumbum South
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/05/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI
1. Dhinesh @ Dhineshkumar, S/o.Muthu, No.67, Sukkangalpatti Street, Cumbum..
2. Ajithkumar, S/o. Rangesan, Sukkangalpatti Street,Cumbum..
3. Lalithkumar @ Pangeshkumar @ Chinnakadaiyan, S/o.Venkatesan, Nandhagoapal Kovil Street, Cumbum.
4. Suriya, S/o. Karuthapandi, Pachiamman Kovil Street, Puthupatti.
5. Santhuru, S/o. Karuthapandi, Pechiamman KovilStreet, Pudhupatti. ... Petitioners/Accused Vs State of Tamilnadu Rep by , The Sub Inspector of Police, Cumbum South Police Station, Uthamapalayam Taluk, Theni District.
(Crime No. 96 of 2025). ... Respondent/Complainant 1/5
For Petitioners : Mr.J.Thomas Raja Durai, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 96 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The Petitioners /accused, who were arrested and remanded to judicial custody on 28.04.2025 for the offences under sections 191(2), 191(3), 296(b), 127(2), 115(2), 118 (1), 109(1) and 351 (3) BNS, in Crime No.96 of 2025 on the file of the respondent police, seek bail.
2. The case of the prosecution is that due to previous enmity, the Petitioners abused the defacto complainant in filthy language and also attacked him with Aruval and caused grievous injuries, hence the case.
3. The learned counsel for the Petitioners would submit that the Petitioners are innocents and a false case has been foisted against them. He would further submit that the Petitioners are in custody from 28.04.2025 and hence, he seeks bail.
4. The learned Additional Public Prosecutor would submit that the Petitioners abused the defacto complainant in filthy language and also attacked him with Aruval and caused grievous injuries. He would further submit that the injured has 2/5
been discharged from the hospital.
5. Taking into consideration the facts and circumstances of the case and the fact that the injured has been discharged from the hospital and also taking into consideration the period of incarceration, this court is inclined to grant bail to the Petitioners, subject to the following conditions:
6. Accordingly, the Petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty thousand only) each with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate, Uthamapalayam 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.
[c] the Petitioners shall not abscond either during investigation or trial. [d] the Petitioners shall not tamper with evidence or witness 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 3/5
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 BNS.
sd/- 21/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.
CP/LS TO
1. THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.
3. THE OFFICER IN CHARGE, DISTRICT JAIL, THENI.
4. THE SUB INSPECTOR OF POLICE, CUMBUM SOUTH POLICE STATION, UTHAMAPALAYAM TALUK, THENI DISTRICT.
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5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.8828 of 2025 Date :21/05/2025 PR/23.05 .2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5