Murugan v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
1. Murugan
2. Gopi @ Gopikrishnan
3. Arunpandi
4. Vinoth
5. Marimuthu
6. Kodeeshwaran ... Petitioners/Accused Nos.5, 6, 8, 9,10 and 11 Vs The State of Tamilnadu, Rep by the Inspector of Police, Karaikudi North Police Station, Sivagangai District.
(Crime No.371 of 2024.) ... Respondent/Complainant For Petitioners :
M/s.M.Jegadeesh Pandian, Advocate.
For Respondent :
Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.371 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A5, A6, A8, A9,A10 and A11, who were arrested and remanded 1/4
to judicial custody on 09.10.2024 for the offences punishable under Sections 191(2), 191(3), 296(b), 115(2), 303(2), 324(4), 351(3) and 109 of BNS, 2023, in Crime No.371 of 2024 on the file of the respondent police, seek bail. 2.The case of the prosecution is that when the defacto complainant, who is an Advocate went to visit the suit property, which belongs to his client, the petitioner along with other accused abused the defacto complainant in filthy language and instructed his supporters to attack him and other and snatched 5 sovereigns of a gold chain and 1 sovereign of a Ring of the defacto complainant and threatened him with dire consequences. Hence, the complaint. 3.Heard both sides.
4.Considering the nature of the allegations that the petitioners are said to have threatened and attacked the Advocate, who tried to visit the property along with his client, and considering the fact that the petitioners are in prison from 09.10.2024, this Court is inclined to grant bail to the petitioners on 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 Judicial Magistrate, Karaikudi, Sivagangai District. (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 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 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 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 3/4
To 1.The Judicial Magistrate, Karaikudi, Sivagangai District.
2.Do through the Chief Judicial Magistrate, Sivagangai District.
3.The Inspector of Police, Karaikudi North Police Station, Sivagangai District.
4.The Officer Incharge, District Prison, Ramanathapuram.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.M.JEGADEESH PANDIAN, Advocate ( SR-12912[I] dated 22/10/2024 )
ORDER
IN CRL OP(MD) No.18081 of 2024 Date :22/10/2024 ED/ /SAR- (22/10/2024) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4