A.Abishek v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

1. A.Abishek 2.R.Abishekkilaiman ... Petitioners/Accused No.3 & 5 Vs The Inspector of Police, Thiruvaiyaru Police Station, Thanjavur District.

(Crime No.470 of 2024) ... Respondent/Complainant For Petitioner : M/s.Dhilipan Pandian R L, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SECTION 483 OF BNSS PRAYER :- For Bail in Crime No.470/2024 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 1/4

on 31.08.2024 for the offences punishable under Sections 296(b), 115(2), 191(2), 191(3) and 351(3) of BNS and under Section 4 of TNPHW Act and under Section 25(1-A) of Arms Act, in crime No.470 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that due to wordy quarrel, the petitioners herein attacked the defacto complainant with deadly weapons and thereby, caused injuries. Hence, the complaint.

3. Heard the learned counsel for the petitioners and and the learned Additional Public Prosecutor appearing for the respondent Police. 4.Considering the nature of allegations that while attempting to buy food in the restaurant run by the de facto complainant's husband there arose a quarrel and the petitioners attacked the defacto complainant's husband and considering the fact that the petitioners are in custody from 31/8/2024, I am inclined to enlarge the petitioners on bail.

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, Thiruvaiyaru, Thanjavur District. (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 2/4

card or Bank Pass Book to ensure their identity; (ii)the petitioners shall appear before the respondent Police daily at 10.30 am for a period of three 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/- 19/09/2024 / TRUE COPY / 19 / 09 /2024 Sub-Assistant Registrar (Writs) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP 3/4

TO 1 THE JUDICIAL MAGISTRATE, THIRUVAIYARU, THANJAVUR DISTRICT.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, THANJORE DISTRICT AT KUMBAKONAM.

3 THE OFFICER INCHARGE, DISTRICT PRISON, THANJAUVR.

4 THE INSPECTOR OF POLICE, THIRUVAIYARU POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.15670 of 2024 Date :19/09/2024 PSP/ /SAR /19.09.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4