Juliyus v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

1. Juliyus,

2. Ajay @ Siluvai Arul Ajay,

3. Selva, ... Petitioners/Accused Nos.3,4&6 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Koodankulam Police Station, Tirunelveli District.

(Crime No. 386/2024.) ... Respondent/Complainant For Petitioners: Mr.K.Dinesh, Advocate, for P.Suresh, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor 1/5

PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.386 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A3, A4 & A6, who were arrested and remanded to judicial custody on 06.09.2024 for the offences punishable under Sections 191(2), 191(3), 49, 296(b), 126(2), 127(2), 103(1) and Section 351(3) of BNS, 2023, in Crime No.386 of 2024 on the file of the respondent police, seek bail. 2.The case of the prosecution is that due to previous enmity with regarding to firing crackers in the church festival, the petitioners and the other accused are said to have brutally attacked the deceased, who is the brother of the defacto complainant and caused death. Hence, the complaint. 3.Heard both sides.

4.Considering the nature of the allegations in this case that on account of the 2/5

enmity in the church festival, the prime accused is said to have stabbed the deceased, and all the accused are said to have stamped the deceased on his chest and shouted for him to be killed, and considering the fact that the petitioners are in prison from 06.09.2024, 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 Judicial Magistrate Court, Radhapuram. (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 3/5

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/- 28/10/2024 / TRUE COPY / 28/10/2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE COURT RADHAPURAM.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, THIRUNELVELI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI..

4 THE STATE OF TAMIL NADU REP BY THE INSPECTOR OF POLICE, KOODANKULAM POLICE STATION, TIRUNELVELI DISTRICT. CRIME NO. 386/2024 4/5

ORDER

IN CRL OP(MD) No.18687 of 2024 Date :28/10/2024 SI -(28.10.2024) 5P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5