Dhanasekaran(Thannipampu) @ Dhanasekar v. State Of Tamilnadu Rep By Inspector Of Police, Maraneri

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI

1. Dhanasekaran (Thannipampu) @ Dhanasekar, S/o.Gnanapazham

2. Muthupandi (Ampattaiyan) @ Muthupandi, S/o.Angusamy ..Petitioners/ Accused Nos.2 & 4 Vs The State of Tamilnadu rep.by The Inspector of Police, Maraneri Police Station, Virudhunagar District.

(Crime No.76 of 2025) .. Respondent/Complainant For Petitioners : Mr.K.Dinesh Advocate.

For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS 1/6

PRAYER :- For Bail in Crime No.76 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioners / Accused Nos.2&4, who were arrested and remanded to judicial custody on 17.03.2025 & 18.03.2025 respectively for the offences punishable under Sections 191(2), 191(3), 296(b), 332(a), 103(1), 351(3) of BNS altered into U/s.191(3), 296(b), 332(a), 103(1), 351(3) of BNS and 62(2) of BNS in Crime No.76 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to previous enmity between the defactocomplainant and the accused persons, on 16.03.2025, the accused persons brutally assaulted the defacto-complainant's son Suresh, with deadly weapons. As a result, Suresh had sustained grievous injuries and died on the spot. During the course of occurrence, the accused persons also abused the defacto-complainant and his family members using filthy language and further threatened them with dire consequences. Thereafter, the accused persons fled away from the scene of occurrence. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. The petitioners are ready and willing to abide and conditions that may be imposed by this Court. He would further submit that the petitioners are in 2/6

custody from 17.03.2025 & 18.03.2025 respectively i.e., nearly 100 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that due to previous enmity, the accused persons brutally assaulted the defactocomplainant's son Suresh, with deadly weapons. As a result, he had sustained grievous injuries and died on the spot. The accused persons also abused the defacto-complainant and his family members using filthy language and further threatened them with dire consequences. In this case, investigation completed and the charge sheet also filed in PRC.No.16 of 2025 on the file of Judicial Magistrate, Sivakasi. The first petitioner is having two previous cases and the second petitioner is having one previous case. There are totally seven accused. The co-accused i.e., Accused No.6 was arrested and subsequently released on bail. However, he strongly objected to grant bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that in this case, investigation has been completed and the charge sheet also filed in PRC.No.16 of 2025 on the file of Judicial Magistrate, Sivakasi, already the co-accused i.e, Accused No.6 was enlarged on bail, the petitioners/accused 2&4 remanded into judicial custody on 17.03.2025 & 18.03.2025respectively, taking into consideration of the period of incarceration, this 3/6

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 executing separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties, each for a like sum to the satisfaction of Judicial Magistrate Court No.I, Sivakasi 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 furnish their residential address and contact numbers to the Judicial Magistrate Court No.I, Sivakasi. If the petitioners changes their residential address, he shall report the same to the Judicial Magistrate Court No.I, Sivakasi;

[c] the petitioners shall stay at Trichy and appear and sign before the Inspector of Police, Trichy Cantonment Police Station daily twice at 10.30 a.m., and 05.30p.m., until further orders.

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

[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial 4/6

Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioner 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 25/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

GVN TO 1 THE JUDICIAL MAGISTRATE COURT NO.I, SIVAKASI.

2 THE CHIEF JUDICIAL MAGISTRATE, SIVAKASI.

3 THE SUPERINTENDENT, DISTRICT JAIL, VIRUDHUNAGAR 4 THE INSPECTOR OF POLICE, MARANERI POLICE STATION, 5/6

VIRUDHUNAGAR DISTRICT.

5 THE INSPECTOR OF POLICE, TRICHY CANTONMENT POLICE STATION, TRICHY.

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

+1. CC to K.DINESH Advocate SR.No.6748 (I) DT.25/06/2025

ORDER

IN CRL OP(MD) No.10598 of 2025 Date :25/06/2025 NM/25.06.2025 6P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6