Ajithkumar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Ajithkumar, ... Petitioner/Accused No.8 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Aranthangi Police Station, Pudukkottai District.

Cr. No. 378/2024.

... Respondent/Complainant For Petitioner : M/s.Navinkumar.M,Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SECTION 483 OF BNSS PRAYER :- For Bail in Crime No.378 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/A8, who was arrested and remanded to judicial custody on 1/5

24.08.2024 for the offences punishable under Sections 191(2), 191(3), 296(b), 118(1), 109 and 103 of BNS, in Crime No.378 of 2024 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner and the other accused are said to have come to the hotel of the defacto complainant and attacked the defacto complainant and his server with beer bottles by stating that they are the persons who quarreled with their brother. When the same was questioned by one Prabhu, who is a customer, who had come to the hotel at that time, they also brutally attacked him with beer bottles & stones on his head and caused death. Hence, the complaint. 3.Heard both sides.

4.This is a case in which the petitioner and the other accused are said to have gone to a small restaurant run by the defacto complainant, and only because the omelette did not contain adequate salt, they picked up a quarrel and in that quarrel, they started attacking the defacto complainant and yet another server, who was there in the hotel, and the poor customer, who came at that time and tried to intervene, was attacked by the accused by beer bottles on his head and they caused death to the said poor customer. Only considering the age of the petitioner and considering the fact that the other petitioner does not have any other antecedent, and that he is in custody from 24.08.2024 and that the investigation in this case is almost completed, this Court 2/5

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 learned Judicial Magistrate, Aranthangi.

(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 his Aadhar card or Bank Pass Book to ensure his identity; (ii)the petitioner shall stay at Madurai and report before the Mathichiyam Police Station daily at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation;

(iii) During this period of four weeks, the petitioner shall also do manual work of cleaning the hospital and its premises by assisting the concerned sanitary staffs at the Government Rajaji Hospital, Madurai, for a period of eight working days and the said fact shall be reported to the Inspector of Police, Mathiciyam Police station as well as to the Investigating Officer by the concerned Nursing Superintendent or Sanitary Superintendent;

(iv)the petitioner shall not tamper with evidence or witness; v)the petitioner shall not abscond during trial. 3/5

vi)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]. vii)If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 22/10/2024 / TRUE COPY / 22 / 10 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO 1 THE JUDICIAL MAGISTRATE ARANTHANGI.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.

3 THE OFFICER INCHAGE DISTRICT PRISON, PUDUKOTTAI.

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4 THE INSPECTOR OF POLICE, ARANTHANGI POLICE STATION, PUDUKKOTTAI DISTRICT.

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

COPY TO:

1.THE INSPECTOR OF POLICE, MATHICHIYAM POLICE STATION, MADURAI.

2.THE NURSING SUPERINTENDENT / SANITARY SUPERINTENDENT, GOVERNMENT RAJAJI HOSPITAL, MADURAI.

ORDER

IN CRL OP(MD) No.17688 of 2024 Date :22/10/2024 PSP/ /SAR /22.10.2024/ 5P/ 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5