Gurunthamoorthy @ Balu v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/12/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH
1. Gurunthamoorthy @ Balu
2. Ramakrishnan @ Malaipambu
3. Suresh @ Adaikappan ... Petitioners/Accused Nos.1 to 3 Vs The Inspector of Police, Thirumayam Police Station, Pudukkottai District.
Crime No.182 of 2024.
... Respondent/Complainant For Petitioners :
Mr.A.Arun Prasad, Advocate.
For Respondent :
Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.182 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioners / Accused Nos.1 to 3, who were arrested and remanded to judicial custody for the offences under Sections 126(2), 296(b), 109 and 351(3) of BNS in Crime No.182 of 2024 on the file of the respondent Police, seek bail. 1/4
2. The case of the prosecution is that there was a wordy quarrel between the accused persons and the defacto complainant and at that point of time, the defacto complainant is said to have been attacked with beer bottle in his head by the accused persons.
3. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent Police.
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 considering the fact that the injured has been discharged from the hospital and taking note of the fact that there are two previous cases against Accused No.1, no previous cases against Accused No.2 and one previous cases against Accused No.3, this Court is inclined to grant bail to the petitioners subject to the following conditions.
5. Accordingly, the criminal original petition is ordered 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, Thirumayam, Pudukkottai 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 2/4
Book to ensure their identity.
[b] the petitioners shall report before the respondent Police every Monday and Friday at 5.30 p.m., for a period of six weeks and thereafter as and when required for interrogation.
[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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 20/12/2024 / TRUE COPY / 20/12/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
TSG 3/4
TO 1 THE JUDICIAL MAGSITRATE, THIRUMAYAM.
2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.
3 THE OFFICER INCHARGE, SUB JAI, PUDUKKOTTAI. 4 THE INSPECTOR OF POLICE, THIRUMAYAM POLICE STATION, PUDUKKOTTAI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.22659 of 2024 Date :20/12/2024 RS//SAR-(20.12.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4