Shiles 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.Shiles, 2.Lerins,
...Petitioners/Accused 1 & 2
Vs The State of Tamilnadu, Represented by, The Inspector of Police, Koodankulam Police Station, Tirunelveli District.
(Crime No.522 of 2024) ... Respondent / Complainant For Petitioners: Mr.C.Ezhilarasu, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITIONS FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 522 of 2024 on the file of the respondent Police. 1/5
ORDER : The Court made the following order :- The petitioners / Accused 1 & 2, who were arrested and remanded to judicial custody on 20.11.2024 for the alleged offence under Sections 126(2), 296(b), 118(1), 109
(1) and 351(3) of BNS, in Crime No.522 of 2024, on the file of the respondent police, seek bail.
2. The case of the prosecution is that there was a wordy quarrel between the defacto complainant and A1 on 19.11.2024 and with this motive, the accused persons came to the place of the defacto complainant at about 08.00 p.m. and A1 attacked the defacto complainant with fishery hook, A2 attacked with screw driver and A3, who is the father of A1 and A2, instigated the crime. There are totally 3 accused persons in this case and the petitioners have been arrayed as A1 and A2.
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 considering the manner in which the entire incident had taken place and also taking note of the fact that the petitioners have suffered incarceration from 19.11.2024 and also considering the fact that the injured has already been discharged from the hospital and A3 has been enlarged on bail by the Sessions Court and there are no previous cases against the petitioners, this Court is inclined to grant bail to the 2/5
petitioners subject to the following 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, Radhapuram, 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 10.30 a.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 in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. 3/5
[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 RADHAPURAM, 2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNEVELI DISTRICT. 3 THE INSPECTOR OF POLICE, KOODANKULAM POLICE STATION, TIRUNELVELI DISTRICT.
4 THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.C.EZHILARASU, Advocate ( SR-15037[I] dated 06/12/2024 ) 4/5
ORDER
IN CRL OP(MD) No.21435 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