P.Ramanthan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

1. P.Ramanthan

2. A.Murugesan

3. P.Muthuraja @ Rasu ... Petitioners/Accused No.1,2 & 6 Vs The State of Tamil Nadu, Rep. By, the Inspector of Police, Melur Police Station, Madurai, Madurai District.

(Crime No.444 of 2024.) ... Respondent/Complainant P.Vijaya Barathi ... Petitioner / Intervener in CRL MP(MD) No.9539 of 2024 For Petitioner :

M/s. Raja.S, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor For intervenor :

Mr.Mari Chellaiah prabhu PETITION FOR BAIL Under Sec.483 of BNSS 1/5

PRAYER :- For Bail in Crime No.444 of 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 04.08.2024 for the offences punishable under Sections 191(2), 126(2), 296(b), 115(2), 118(1), 109(1) and 351(3) of BNS in in crime No.444 of 2024 on the file of the respondent police, seek bail.

2.The case of the prosecution is that due to civil dispute, the petitioners herein attacked the defacto complainant and caused grievous injuries. Hence, the complaint.

3. Heard the learned counsel for the petitioners and and the learned Additional Public Prosecutor appearing for the respondent Police and the intervenor.

4.Considering the nature of allegations in this case and considering the fact that the injured is a practicing member of the bar, who was originally discharged, but, however is on higher treatment with the Meenakshi Mission Hospital as the injury is a head injury and considering the fact that the petitioners are in jail from 04.08.2024, I am inclined to enlarge the petitioners on bail. 2/5

5.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, Melur. (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 stay at Thanjavur and report before the Medical College Hospital Police Station daily at 10.30 am for a period of four weeks and thereafter, as and when required for interrogation; (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 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 absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 10/09/2024 / TRUE COPY / 10/09/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP To 1.The Judicial Magistrate, Melur.

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

3.The Inspector of Police, Melur Police Station, Madurai, Madurai District.

4.The Superintendent, Central Prison, Madurai.

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

Copy to:

The Inspector of Police, Medical College Hospital Police Station, Thanjavur.

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+2 CC to M/s.S.RAJA, Advocate ( SR-11088[I] dated 10/09/2024 ) +1 CC to M/s.C.M.MARI CHELLIAH PRABHU, Advocate ( SR-11090[I] dated 10/09/2024 )

ORDER

IN CRL OP(MD) No.14883 of 2024 Date :10/09/2024 ED/ /SAR- (10/09/2024) 5P / 10C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5