Saravanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN

1. Saravanan

2. Selvam@ Jeyaselvam ... Petitioners/Accused Nos.3 & 4 Vs The Inspector of Police, Periyakulam Police Station, Theni District.

(Crime No. 97/2024.) ... Respondent/Complainant For Petitioner :

M/s.C. Susikumar, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS.

PRAYER :- For Bail in Crime No. 97 of 2024 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 07.05.2024 for the offences punishable under Sections 294(b), 342, 302 and 506(ii) of 1/5

IPC r/w 34 of IPC, in Crime No.97 of 2024 on the file of the respondent police, seek bail.

2.The case of the prosecution is that due to previous enmity, the petitioners along with other accused, abused the defacto complainant and his brother in filthy language and brutally attacked the his brother with aruval. Due to grievous injures, he died. Hence, the complaint.

3.The learned counsel for the petitioners the petitioners are innocents and they have not committed any offence as mentioned in the FIR. He would further submit that the petitioners are in judicial custody from 07.05.2024 and hence they may be granted bail.

4.The learned Additional Public Prosecutor would submit that the investigation is almost over and no previous case is pending against the petitioner. 5.Considering the period of incarceration and also considering the facts that the investigation has been almost completed and no bad antecedent is reported against the petitioners, this Court is inclined to grant bail to the petitioners on 2/5

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, Periyakulam. (i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/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 respondent police 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 Magistrate/Trial 3/5

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

sd/- 24/07/2024 / TRUE COPY / 25/07/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS To 1.The Judicial Magistrate, Periyakulam.

2.Do through the Chief Judicial Magistrate, Theni District.

3.The Inspector of Police, Periyakulam Police Station, Theni District.

4/5

4.The Officer Incharge, Thekkampatti, Theni.

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

+1 CC to M/s.C.SUSI KUMAR, Advocate ( SR-8586[I] dated 25/07/2024 )

ORDER

IN CRL OP(MD) No.11425 of 2024 Date :24/07/2024 ED/ /SAR- (25/07/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5