Dhanush Kodi @ Dhanakkodi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Dhanush Kodi @ Dhanakkodi ... Petitioner / Petitioner/Sole Accused Vs The State of Tamilnadu, Rep by the Inspector of Policearavakuruchi Police Station, Karur District.

(Crime No. 267 of 2024).

... Respondent / Respondent /Complainant For Petitioner :

M/s. Mathiyalagan.R., Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.267 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 24.07.2024 for the offences punishable under Sections 279 and 337 of IPC @ 279, 1/4

304(A) (hit and run) of IPC @ 294(b), 304(ii), 506(ii) and 201 of IPC @ 294(b), 302, 506(ii) and 201 of IPC, in crime No.267 of 2024 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that due to previous motive, the petitioner dashed his car against the deceased. Even the deceased was admitted to the hospital, where he died. Hence, the complaint.

3.Heard both sides.

4.Considering the allegation in this case is that the deceased used to show chappel and constantly shout at the wife of the petitioner, who is the Panchayat president and for that issue, the petitioner is said to have dashed the diseased with his car and also caused evidence to disappear including deletion of the CCTV footage, and only considering the facts that the petitioner is in judicial custody from 24.07.2024 and the investigation is almost complete and that there are no other bad antecedents against the petitioner, this Court is inclined to grant bail to the petitioner on certain conditions.

5.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the District Munsif Cum Judicial Magistrate, Aravakuruchi. 2/4

(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 petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation; (iii)the petitioner shall not tamper with evidence or witness; iv)the petitioner 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 petitioner 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]. vi)If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 13/09/2024 / TRUE COPY / 13/09/2024 Sub-Assistant Registrar ( AD II ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS 3/4

To 1.The District Munsif cum Judicial Magistrate, Aravakurichi.

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

3.The Inspector of Police, Aravakurichi Police Station, Karur District.

4.The Superintendent, Central Prison, Trichy.

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

+1 CC to M/s.R.MATHIYALAGAN, Advocate ( SR-11301[I] dated 13/09/2024 )

ORDER

IN CRL OP(MD) No.15514 of 2024 Date :13/09/2024 ED/ /SAR- (13/09/2024) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4