Madras High CourtCRL OP(MD)/13535/2024allowed

Veera @ Veerachandran v. The Inspector Of Police

2024-08-19Honourable Mr Justice D.Bharatha Chakravarthy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

1. Veera @ Veerachandran,

2. Gukan,

3. Kathiravan,

4. Sasikumar,

5. Gokul,

6. Suthakar,

7. Sakthivel, ... Petitioner's/Accused No.

A2, A4, A5 A7, A8, A9, A11 Vs The Inspector of Police, Thiruvaiyaru Police Station, Thanjavur District, Crime No.344/2024.

... Respondent/Complainant For Petitioners : M/s. Prabha.S, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor 1/5

PETITION FOR BAIL UNDER SECTION 483 OF BNSS PRAYER :- For Bail in Crime No.344/2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioners / Accused, who were arrested and remanded to judicial custody on 25.06.2024 for the offences punishable under Sections 147, 294(b), 323, 336 and 506 (ii) I.P.C r/w. Section 3 (1) of Tamil Nadu Public Property (Prevention of Destruction and Loss) Act, 2003 and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, in Crime No.344 of 2024, seek bail.

2. The case of the prosecution is that on 25.06.2024, due to wordy quarrel, the petitioners are said to have assaulted the defacto complainant and caused injuries. Hence, the complaint.

3. Heard the learned counsel on either side and perused the material records of the case.

4. The learned counsel for the petitioners submits that he is not pressing this petition in respect of the petitioners 1 and 7, since these petitioners are detained under the Goondas Act and he has also made an endorsement to that effect.

5. In view thereof, this Petition is dismissed as not pressed as far as the petitioners 1 and 7 are concerned.

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6. Considering the overall facts and circumstances of the case and also considering the facts that the petitioners 2 to 6 were arrested on 25.06.2024 and that as far as the petitioners 2 to 6 are concerned, there have no bad antecedents, I am inclined to grant bail to the petitioners 2 to 6 on certain conditions.

7. Accordingly, this Criminal Original Petition is allowed and the petitioners 2 to 6 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, Thiruvaiyar; (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 2 to 6 shall report before the respondent police daily at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation. It is made clear that no relaxation of the condition for the said period will be entertained by this court;

(iii) the petitioners 2 to 6 shall not tamper with evidence or witness; iv)the petitioners 2 to 6 shall not abscond during trial; v)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners 2 to 6 in 3/5

accordance with law as if the conditions have been imposed and the petitioners 2 to 6 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 absconds, a fresh FIR can be registered under Section 229A IPC.

8. In the result, this Petition is partly allowed. sd/- 19/08/2024 / TRUE COPY / 19 / 08 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO 1 THE JUDICIAL MAGISTRATE THIRUVAIYAR 2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE THIRUVAIYARU POLICE STATION, THANJAVUR DISTRICT, 4/5

4 THE OFFICER INCHARGE SUB JAIL, PUDHUKOTTAI.

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

ORDER

IN CRL OP(MD) No.13535 of 2024 Date :19/08/2024 PSP/ /SAR /19.08.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5