Sudalaikannu @ Sudalaimani v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.12.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH 1.Sudalaikannu @ Sudalaimani, 2.Muppudathi, 3.Prakash,

...Petitioners/ Accused 5 to 7

Vs The State of Tamilnadu, Represented by, The Inspector of Police, Manur Police Station, Tirunelveli District.

(Crime No.900 of 2024) ... Respondent / Complainant For Petitioners: Mr.N.Pragalathan, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITIONS FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 900 of 2024 on the file of the respondent Police. 1/5

ORDER : The Court made the following order :- The petitioners / Accused 5 to 7, who were arrested and remanded to judicial custody on 18.11.2024 for the alleged offence under Sections 191(2), 191(3), 296(b), 115 (2), 118(1), 109(1), 351(3) and 3(5) of BNS, in Crime No.900 of 2024, on the file of the respondent police, seek bail.

2. The case of the prosecution is that A1 did not want one Vijay to have any connection with the defacto complainant and not to talk with him since there was a pending dispute with the defacto complainant. On 17.11.2024, the defacto complainant was seen talking with the said Vijay. There was a wordy quarrel and at about 3.15 p.m., A1 to A12 came to the scene of the occurrence and attacked the defacto complainant and Vijay with wooden log, knife and aruval and as a result, both of them sustained serious injuries. There are totally 12 accused persons in this case and the petitioners have been arrayed as A5 to A7.

3. Heard the learned counsel on either side and perused the material records of the case.

4. Taking into consideration the facts and circumstances of the case and also considering the fact that this Court has already granted anticipatory bail to A8 and A9 in Crl.OP(MD).No.20739 by an order dated 28.11.2024 and also considering the fact that A10 and A11 were also granted anticipatory bail by this Court in Crl.OP 2/5

(MD).No.21160 of 2024 by order darted 04.12.2024 and also considering the fact the petitioners have suffered incarceration from 17.11.2024, this Court is inclined to grant bail to the petitioners with certain conditions.

5. Accordingly, the petitioners are ordered to be released on bail on their 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 Court No.V, Tirunelveli, Tirunelveli District, and on further conditions that:- [a] 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.

[b] the petitioners shall report before the respondent Police on every Friday at 05.30 p.m. for a period of 4 weeks and thereafter, as and when required. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners shall not abscond either during investigation or trial. [e] 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 3/5

in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023 sd/- 06/12/2024 / TRUE COPY / 06 / 12 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

PAL TO 1 THE JUDICIAL MAGISTRATE NO.V, TIRUNELVELI.

2 DO-THROUGH THE CHIEF JUDICIAL MAIGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE, MANUR POLICE STATION, TIRUNELVELI DISTRICT.

4 THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

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

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+1 CC to M/s.N.PRAGALATHAN, Advocate ( SR-15011[I] dated 06/12/2024 )

ORDER

IN CRL OP(MD) No.21364 of 2024 Date :06/12/2024 PSP/ /SAR /06.12.2024/ 5P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5