High Court · 2025
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CRL OP Nos. 15085, 15116 and 15122 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 14-05-2025CORAMTHE HONOURABLE MR JUSTICE M. NIRMAL KUMARCRL OP NOS. 15085, 15116 and 15122 of 20251. P.PrasanthS/o.Mr.Paneerselvam, No.10-C6/A1, Dharmaraja Kovil Street, Arnipalayam, Arni, Tiruvannamalai District.1. V.Dhamu @ DhamotharanS/o.Mr. Veeraragavan puthukamoor Road Arnipalayam, Arni, Tiruvannamalai District2. S.KamalS/o.Mr. Saminathan, 32/5 Arumugam Cross Street, Arnipalayam, Arni, Tiruvannamalai District3. S.SanthoshrajS/o. Mr. Sankar No.41, Pillaiyar Koil Street, Arnipalayam, Arni Tiruvannamalai District ... Petitioner in Crl.O.P.No.15085 of 2025 ... Petitioners in Crl.O.P.No.15116 of 2025 https://www.mhc.tn.gov.in/judis CRL OP Nos. 15085, 15116 and 15122 of 20251. K.DineshS/o Mr.Kathir, No.61/17, Dharmaraja Kovil Street, Arnipalayam, Arni, Tiruvannamalai District Tiruvannamalai ... Petitioner in Crl.O.P.No.15122 of 2025VsState Represented by The Inspector of PoliceArni Town Police Station, Arni, Tiruvannamalai District, Crime No.124/2025.Respondent(s)PRAYERTo enlarge the petitioners on Bail in Crime No.124 of 2025 on the file of Respondent/Complainant.For Petitioner(s):in all Crl.O.Ps.M/s.S.ThankiraFor Respondent(s):Mr.Leonard Arul Joseph Selvam Govt Advocate (Crl Side)COMMON ORDERThe petitioners, who were arrested and remanded to judicial custody on 16.03.2025, for the offence punishable under Sections 191(2), 191(3), 296(b), 103(1) of the Bharatiya Nyaya Sanhita (B.N.S), in connection with Crime No.124 of 2025, registered on the file of the respondent, seek bail. https://www.mhc.tn.gov.in/judis CRL OP Nos. 15085, 15116 and 15122 of 20252. The case of the prosecution as per the de-facto complainant namely Mahalakshmi, who is the wife of the deceased, namely Karima alias Vicky Alias Vignesh is that, all the accused persons often consumed alcohol and got in the way of the deceased and made unnecessary arguments. Whileso, on 15.03.2025, at around 10.15 p.m, the de-facto complainant received a phone call from one mechanic Sabari, (the friend of the deceased) and was informed that A1 viz., Lawyer Ganesh and some people were obstructing the deceased on Pudukkamoor Road and were arguing with him. As a result, the deceased's younger brother Naveen Kumar and the de-facto complainant went to the scene of occurrence. While that being so, A1 alleged to have pushed the deceased down and attacked with his hands and feet and shouted using filthy words to do away with the life; A2 Ramesh caught hold of both the hands and A2 Dhanapal took a knife and attacked on the face, neck and other places in the body; A4 Prasanth and A5 Ashok orally stated to do away the deceased; A6 Dinesh, A7 Damu kicked the deceased who had fallen down; thereafter A7 Kamal took the knife lying on the ground and attacked the deceased and gave that knife to A9 Santoshraj, whileso A9 attacked the leg and rubbed the knife on the ground and shouted and thereafter, everyone fled away from the scene of occurrence. Hence the case. 3. The contention of the petitioners is that A4's brother Manikandan was murdered by the deceased and three of his friends, for which they had come and threatened the A4 and his friends, not to depose as against them. Thereafter, the https://www.mhc.tn.gov.in/judis CRL OP Nos. 15085, 15116 and 15122 of 2025threat has been continued and fight arose. In the said fight, the deceased sustained injuries and died. The learned counsel for the petitioner submitted that the petitioners are suffering incarceration from 16.03.2025 and they are ready to abide by any stringent condition that may be imposed by this Court. Hence, she prayed for grant of bail to the petitioners.4. Learned Government Advocate (Criminal Side) appearing for the respondent police submitted that A4's brother Manikandan was murdered by three of his friends and the deceased and thereafter, they had approached A4 and threatened him not to give evidence and thereafter, threat has been continued with A4 and his friends and the same was resisted. The overtact attributed as against the petitioners are concerned, A4 attacked the deceased with his hands, A6 and A7 kicked the deceased , A8 and A9 attacked the deceased using knife and inflicted injuries on the legs of the deceased. Hence, he strongly opposed to grant bail to the petitioners. 5. Heard both sides and perused the materials available on record.6. Considering the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side and the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioner with certain conditions. https://www.mhc.tn.gov.in/judis CRL OP Nos. 15085, 15116 and 15122 of 20257. 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) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Arni, Tiruvannamalai District, and on further conditions that:[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;[b] the petitioners shall report before the respondent Police, everyday at 10.30 a.m., until further orders. [c] the petitioners shall make himself available for interrogation by a Police Officer as and when required;[d] the petitioners shall not directly or indirectly cause any threat to the de facto complainant and witnesses;[e] the petitioners to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as https://www.mhc.tn.gov.in/judis CRL OP Nos. 15085, 15116 and 15122 of 2025laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.14.05.2025asi/umaNote:1. Registry is directed to forthwith upload this order in the Official Website of this Court.2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.To1.The Inspector of PoliceArni Town Police Station, Arni, Tiruvannamalai District.2. The Judicial Magistrate, Arni, Tiruvannamalai District.3.The Central Prison, Vellore.4. The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP Nos. 15085, 15116 and 15122 of 2025M.NIRMAL KUMAR J.asi/umaCRL OP Nos. 15085, 15116 and 15122 of 2025 14-05-2025
CRL OP Nos. 15085, 15116 and 15122 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 14-05-2025CORAMTHE HONOURABLE MR JUSTICE M. NIRMAL KUMARCRL OP NOS. 15085, 15116 and 15122 of 20251. P.PrasanthS/o.Mr.Paneerselvam, No.10-C6/A1, Dharmaraja Kovil Street, Arnipalayam, Arni, Tiruvannamalai District.1. V.Dhamu @ DhamotharanS/o.Mr. Veeraragavan puthukamoor Road Arnipalayam, Arni, Tiruvannamalai District2. S.KamalS/o.Mr. Saminathan, 32/5 Arumugam Cross Street, Arnipalayam, Arni, Tiruvannamalai District3. S.SanthoshrajS/o. Mr. Sankar No.41, Pillaiyar Koil Street, Arnipalayam, Arni Tiruvannamalai District ... Petitioner in Crl.O.P.No.15085 of 2025 ... Petitioners in Crl.O.P.No.15116 of 2025 https://www.mhc.tn.gov.in/judis CRL OP Nos. 15085, 15116 and 15122 of 20251. K.DineshS/o Mr.Kathir, No.61/17, Dharmaraja Kovil Street, Arnipalayam, Arni, Tiruvannamalai District Tiruvannamalai ... Petitioner in Crl.O.P.No.15122 of 2025VsState Represented by The Inspector of PoliceArni Town Police Station, Arni, Tiruvannamalai District, Crime No.124/2025.Respondent(s)PRAYERTo enlarge the petitioners on Bail in Crime No.124 of 2025 on the file of Respondent/Complainant.For Petitioner(s):in all Crl.O.Ps.M/s.S.ThankiraFor Respondent(s):Mr.Leonard Arul Joseph Selvam Govt Advocate (Crl Side)COMMON ORDERThe petitioners, who were arrested and remanded to judicial custody on 16.03.2025, for the offence punishable under Sections 191(2), 191(3), 296(b), 103(1) of the Bharatiya Nyaya Sanhita (B.N.S), in connection with Crime No.124 of 2025, registered on the file of the respondent, seek bail. https://www.mhc.tn.gov.in/judis CRL OP Nos. 15085, 15116 and 15122 of 20252. The case of the prosecution as per the de-facto complainant namely Mahalakshmi, who is the wife of the deceased, namely Karima alias Vicky Alias Vignesh is that, all the accused persons often consumed alcohol and got in the way of the deceased and made unnecessary arguments. Whileso, on 15.03.2025, at around 10.15 p.m, the de-facto complainant received a phone call from one mechanic Sabari, (the friend of the deceased) and was informed that A1 viz., Lawyer Ganesh and some people were obstructing the deceased on Pudukkamoor Road and were arguing with him. As a result, the deceased's younger brother Naveen Kumar and the de-facto complainant went to the scene of occurrence. While that being so, A1 alleged to have pushed the deceased down and attacked with his hands and feet and shouted using filthy words to do away with the life; A2 Ramesh caught hold of both the hands and A2 Dhanapal took a knife and attacked on the face, neck and other places in the body; A4 Prasanth and A5 Ashok orally stated to do away the deceased; A6 Dinesh, A7 Damu kicked the deceased who had fallen down; thereafter A7 Kamal took the knife lying on the ground and attacked the deceased and gave that knife to A9 Santoshraj, whileso A9 attacked the leg and rubbed the knife on the ground and shouted and thereafter, everyone fled away from the scene of occurrence. Hence the case. 3. The contention of the petitioners is that A4's brother Manikandan was murdered by the deceased and three of his friends, for which they had come and threatened the A4 and his friends, not to depose as against them. Thereafter, the https://www.mhc.tn.gov.in/judis CRL OP Nos. 15085, 15116 and 15122 of 2025threat has been continued and fight arose. In the said fight, the deceased sustained injuries and died. The learned counsel for the petitioner submitted that the petitioners are suffering incarceration from 16.03.2025 and they are ready to abide by any stringent condition that may be imposed by this Court. Hence, she prayed for grant of bail to the petitioners.4. Learned Government Advocate (Criminal Side) appearing for the respondent police submitted that A4's brother Manikandan was murdered by three of his friends and the deceased and thereafter, they had approached A4 and threatened him not to give evidence and thereafter, threat has been continued with A4 and his friends and the same was resisted. The overtact attributed as against the petitioners are concerned, A4 attacked the deceased with his hands, A6 and A7 kicked the deceased , A8 and A9 attacked the deceased using knife and inflicted injuries on the legs of the deceased. Hence, he strongly opposed to grant bail to the petitioners. 5. Heard both sides and perused the materials available on record.6. Considering the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side and the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioner with certain conditions. https://www.mhc.tn.gov.in/judis CRL OP Nos. 15085, 15116 and 15122 of 20257. 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) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Arni, Tiruvannamalai District, and on further conditions that:[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;[b] the petitioners shall report before the respondent Police, everyday at 10.30 a.m., until further orders. [c] the petitioners shall make himself available for interrogation by a Police Officer as and when required;[d] the petitioners shall not directly or indirectly cause any threat to the de facto complainant and witnesses;[e] the petitioners to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as https://www.mhc.tn.gov.in/judis CRL OP Nos. 15085, 15116 and 15122 of 2025laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.14.05.2025asi/umaNote:1. Registry is directed to forthwith upload this order in the Official Website of this Court.2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.To1.The Inspector of PoliceArni Town Police Station, Arni, Tiruvannamalai District.2. The Judicial Magistrate, Arni, Tiruvannamalai District.3.The Central Prison, Vellore.4. The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP Nos. 15085, 15116 and 15122 of 2025M.NIRMAL KUMAR J.asi/umaCRL OP Nos. 15085, 15116 and 15122 of 2025 14-05-2025