Sri Murugan 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

1. Sri Murugan,

2. Saravanan, ... Petitioners/ A9 and A10 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Thoothukudi Central Police Station, Thoothukudi District.

Crime No. 224/2024.

... Respondent/Complainant For Petitioner : Mr.C.Karthikeyan, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL UNDER SECTION 483 OF BNSS PRAYER :- For Bail in Crime No.224 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners/A9 and A10, who were arrested and remanded to judicial 1/5

custody on 08.10.2024 for the offences under Sections 191(2), 191(3), 49, 296(b), 115(2) and 351(3) of BNS, Section 3(1) of TNPPDL Act and Section 4 of TNPHW Act, in Crime No.224 of 2024, on the file of the respondent police, seek bail. 2.The case of the prosecution is that the petitioners and the other accused had unlawfully assembled with deadly weapons, abused the defacto complainant in filthy language, attacked her and also damaged the house of the defacto complainant. 3.Heard. Perused the materials available on record including the First Information Report.

4.The offence is serious in nature. The prime accused in this case is said to have purchased the property with encroachments and overnight he is said to have demolished the houses of the encroachers by taking law into their own hands. However, only considering the fact that these two petitioners were not the purchasers and they do not have any interest in the land and where only the hirelings who have been engaged by the prime accused and only considering the age of the first petitioner being 20 years and he is said to be studying in a diploma course and the age of the second petitioner being 28 years and that there are no other antecedents as against them, I am inclined to enlarge the petitioners on bail, subject to the following conditions:

[a] Accordingly, the petitioners are ordered to be released on bail on condition to 2/5

execute 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 No.II, Thoothukudi, and on further conditions that:

[b] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity.

[c] the petitioners shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation. [d] the petitioners shall not commit any offences of similar nature. [e] the petitioners shall not abscond either during investigation or trial. [f] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[g] On breach of any of the aforesaid conditions, the learned Judicial 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]. 3/5

[h] 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.

SJI TO 1 THE JUDICIAL MAGISTRATE NO.II, THOOTHUKUDI.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT.

3 THE OFFICER INCHAGE DISTRICT JAIL, PERAURANI, THOOTHUKUDI.

4 THE INSPECTOR OF POLICE, THOOTHUKUDI CENTRAL POLICE STATION, THOOTHUKUDI DISTRICT.

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

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ORDER

IN CRL OP(MD) No.18168 of 2024 Date :22/10/2024 PSP/ /SAR /22.10.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5