Thamarai v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN
1. Thamarai,
2. Ramalingam, ... Petitioners/3,4 Accused Vs The Inspector of Police, Keeranur Police Station, Pudukottai District.
Crime No.114 of 2023.
... Respondent/Complainant For Petitioners : M/s.Muthukrishnan S, 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. 114 of 2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners/A3 & A4, who were arrested and remanded to judicial custody on 08.04.2023 for the offences under sections 147, 148, 294(b), 336, 341, 342, 323, 302 and 506(ii) IPC in Crime No.114 of 2023 on the file of the respondent police seek bail. 2.The case of the prosecution is that during temple festival, there arose a quarrel between two village people and there was untoward incidents happened in which one Vigneshwaran died. Hence the case.
3. Heard both sides and perused the materials available on record including the First Information Report.
4. It is seen that there are totally five accused in this case, in which the petitioners are arrayed as A3 and A4. During temple festival, there arose a quarrel between two village people, 1/3
therefore all the accused persons brutally attacked the deceased with stones and sticks. In so far as the petitioners are concerned there is no specific overt act. 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, keeranur 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 report before the respondent police daily at 10.30 A.M. for a period of six weeks and thereafter as and when required for interrogation.
[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/- 23/06/2023 / TRUE COPY / 23/06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
2/3
AAV TO 1 THE JUDICIAL MAGISTRATE, KEERANUR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.
3 THE SUPERINTENDENT, CENTRAL PRISON, TIRUCHIRAPPALLI.
4 THE INSPECTOR OF POLICE, KEERANUR POLICE STATION, PUDUKOTTAI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.S.MUTHUKRISHNAN, Advocate SR.No.9490
ORDER
IN CRL OP(MD) No.11335 of 2023 Date :23/06/2023 SA/SSS/SAR. /23.06.2023/3P/C 3/3