V.Muniyappan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

1. V.Muniyappan

2. M. Karthick @ Ponnuchamy

3. M.Surya @ Raja ... Petitioners/A3, A5 & A6 Vs The Inspector of Police Eriodu Police Station Dindigul District.

(Crime No. 17/2024).

... Respondent/Complainant For Petitioners :

Mr.S.Arunnithy, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PRAYER :- To enlarge the petitioners on bail in connection with Crime No.17/2024 on the file of the respondent police in PRC No.7 of 2024 pending before the DM cum JM court, Vedasandur.

ORDER : The Court made the following order :- This Petition is filed to enlarge the petitioners on bail in connection with Crime No.17/2024 on the file of the respondent police in PRC No.7 of 2024 pending before the District Munsif cum Judicial Magistrate, Vedasandur.

2. The petitioners /Accused, who were arrested and remanded to judicial custody on 18.01.2024 for the offences punishable under Sections 147, 148, 294(b), 342, 343, 324, 307, 302 and 506(ii) I.P.C., in crime No.7 of 2024 on the file of the respondent 1/4

police, seek bail.

3. The case of the prosecution is that due to previous motive, the petitioners along with other accused abused the deceased in filthy language and also assaulted him, due to which, he died.

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

4. Considering the facts and circumstances of the case and also considering the nature of allegations in this case that due to property dispute, a panchayat was held to resolve the property dispute and during the panchayat, the petitioners came preplanned with Aruval and other weapons and attacked the deceased and caused his death and considering the fact that the petitioners are in jail from 18.01.2024 and the fact that the investigation is completed and the case is now pending for committal in P.R.C. No.7 of 2024, I am inclined to enlarge the petitioners on bail with certain conditions.

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 District Munsif cum Judicial Magistrate, Vedasandur. (i)the sureties shall affix their photographs and left thumb impression in the 2/4

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 attend on all the hearing dated in P.R.No.7 of 2024 before the District Munsif cum Judicial Magistrate, Vedasandur and thereafter, in case of trial without fail.

(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]. If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 23/09/2024 / TRUE COPY / 23/09/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

LS 3/4

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, VEDASANDUR. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 3 THE INSPECTOR OF POLICE, ERIODU POLICE STATION, DINDIGUL DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.S.ARUNNITHY, Advocate ( SR-11587[I] dated 23/09/2024 )

ORDER

IN CRL OP(MD) No.15425 of 2024 Date :23/09/2024 RS//SAR-(23.09.2024) 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4