Ramasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02.08.2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN 1.Ramasamy 2.Rajendran ... Petitioners / Accused No.2 & 3 Vs The Inspector of Police, Srivilliputtur Town Police Station, Virudhunagar District.

(Crime No.222 of 2024) ... Respondent Annalakshmi ... Petitioner / Intervener in CRL MP(MD) No.7721 of 2024 For Petitioners :

Mr.R.Alagumani, Advocate For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor.

For Intervenor :

Mr.M.Pandian, Advocate PETITION FOR BAIL Under Sec.483 of B.N.S.S.

PRAYER :- For Bail in Cr No.222 of 2024 on the file of the respondent Police. 1/5

ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 25.05.2024 for the offence punishable under Sections 147, 294(b), 323, 324, 307 IPC @ Sections 147, 294(b), 323, 324 and 302 IPC in Cr.No.222 of 2024 on the file of the respondent police, seek bail.

2.The case of the prosecution is that there was a quarrel arose between the parties with regard to the installation of lion idol, due to which, the accused person attacked the defacto complainant and caused grievous injuries. 3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have been falsely implicated in this case. He would further submit that the petitioners are in judicial custody from 25.05.2024, hence they may be released on bail.

4.The learned counsel appearing for the intervenor would submit that if the accused persons released on bail, there will be a life threat to the defacto complainant.

4.The learned Additional Public Prosecutor would submit that the investigation is yet to be completed.

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5.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.10,000/- (Rupees Ten Thousand only)each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Srivilliputhur. [i] the sureties shall affix their photographs and Left thumb Impression in the surety bond and the Special Court/concerned Court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity. [ii]The petitioners shall report before the Inspector of Police, Vadaseri Police Station, Nagercoil daily at 10.30 a.m, until further orders; [iii] the petitioners shall not tamper with evidence or witness; [iv] the petitioners shall not abscond during trial.

[v] 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].

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

sd/- 02/08/2024 / TRUE COPY / 02/08/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS To 1.The Judicial Magistrate No.II, Srivilliputhur.

2.Do through the Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur.

3.The Inspector of Police, Srivilliputtur Town Police Station, Virudhunagar District.

4.The Superintendent, Central Prison, Madurai.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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Copy to:

The Inspector of Police, Vadaseri Police Station, Nagercoil.

+1CC to M/s.Dr.R.ALAGUMANI, Advocate, SR No.9388(I), dated 02.08.2024.

ORDER

IN CRL OP(MD) No.9635 of 2024 Date :02/08/2024 ED/ /SAR- (02/08/2024) 5P / 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5