Dhanush v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN

1. Dhanush

2. Vignesh @ Veera

3. Sudarsan ... Petitioner/Accused No.4,6,7 Vs State Rep.by The Inspector of Police, Kottampatty Police Station, Madurai District.

Crime No.101 of 2023 ... Respondent/Complainant For Petitioners : M/s.Sathish Kumar K, Advocate.

For Respondent : Mr.R.M,Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.101 of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioners /A4,6 and 7 who were arrested and remanded to judicial custody on 21.03.2023 for the offences under sections 147,148,341,294(b),307 and 302 of IPC in Crime No.101 of 2023 on the file of the respondent police seek bail.

2. The case of the prosecution is that there exists dispute between the deceased and the accused persons in respect of celebrating their local village temple festival. Whileso on 20.03.2023 at 12.25 pm., while the deceased and his friend were returning from college in a two wheeler at that time all the accused persons restrained them and also assaulted him with deadly weapons, due to which he sustained injuries and died.

3. Heard both sides and perused the materials available on record including the First Information Report. 1/3

4. It is seen that there are totally 10 accused in this case and the petitioners herein are arrayed as A4,6 and 7. During temple festival there was group clash for which a case has been registered in Crime No.43 of 2023. In pursuant to the registration of the First Information Report again there was another clash therefore all the accused persons attacked the deceased and others with stick, therefore he sustained injuries and died and another person sustained injuries. Taking into consideration the facts and submissions made by the learned counsels and also the period of incarceration this court is inclined to grant bail to the petitioners , subject to the following conditions: [a] Accordingly, the petitioners are ordered to be released on bail on condition to execute 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, Melur and on further conditions that:

[b] 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. [c] the petitioners shall stay at Ulundurpettai and report before the Ulundurpetti Police Station daily at 10.30 A.M.and 5.30 P.M., for a period of four weeks and thereafter before the respondent police daily at 10.30 a.m., until further orders. [d] the petitioners shall not commit any offences of similar nature.

[e] the petitioners shall not abscond either during investigation or trial.

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

[g] On breach of any of the aforesaid conditions, the learned Judicial 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].

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 08/06/2023 / TRUE COPY / 08/06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV 2/3

TO 1 THE JUDICIAL MAGISTRATE, MELUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 4 THE INSPECTOR OF POLICE, KOTTAMPATTY POLICE STATION, MADURAI DISTRICT.

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

COPY TO THE INSPECTOR OF POLICE ULUNDURPETTAI POLICE STATION, ULUNDURPETTAI.

+1 CC to M/s.K.SATHISH KUMAR, Advocate (SR-8293[I] dated 08/06/2023)

ORDER

IN CRL OP(MD) No.10002 of 2023 Date :08/06/2023 RS/SSS/SAR-(08.06.2023) 3P 8C 3/3