Vennila v. The State Of Tamil Nadu Rep By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

1. Vennila

2. Chandra

3. Karuppasamy

4. Santhanakumar ... Petitioners/Accused No.2 to 5 Vs The State of Tamil Nadu Rep, By, the Inspector of Police, Puliyangudi Police Station, Tenkasi District.

(Crime No.378/2024.) ... Respondent/Complainant For Petitioners :

M/s.T.Indrachithu, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.378/2024 on the file of the respondent Police. 1/4

ORDER : The Court made the following order :- The petitioners/A2 to A5, who were arrested and remanded to judicial custody on 28.09.2024 for the offences punishable under Sections 109(1), 238(b) and 249(b) of BNS, in Crime No.378 of 2024 on the file of the respondent police, seek bail. 2.The case of the prosecution is that the brother of the defacto complainant accidently dashed his car against the bike of A1. Thereby, there was a wordy quarrel between them. At that time, A1 attacked the brother of the defacto complainant with aruval on his head and caused grievous injuries and fled away from the scene of the occurrence. The petitioners herein are said to have safeguard A1. Hence, the complaint.

3.Heard both sides.

4.Considering the nature of the allegations in this case and considering the facts that the injured was discharged from the hospital, and except for the second petitioner, the other petitioners do not have any antecedents, 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, Sivagiri, Tenkasi District. 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 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, Sivagiri, Tenkasi District.

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

3.The Inspector of Police, Puliyangudi Police Station, Tenkasi District.

4.The Officer Incharge, Women Prison, Kokkarakulam, Tirunelveli District.

5.The Superintendent, Central Prison, Palayamkottai, Tenkasi District.

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

ORDER

IN CRL OP(MD) No.18124 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