Madras High Court

Yuvaraj vs State Represented By on 16 August, 2024

                                                                  Crl.A(MD)Nos.665, 660 and 647 of 2024


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 16.08.2024

                                                    CORAM

                                  THE HONOURABLE MR. JUSTICE G.ILANGOVAN

                                      Crl.A(MD)Nos.665, 660 and 647 of 2024

                  Yuvaraj                                  ... Appellant/ Accused No.6
                                                           in Crl.A(MD)No.665 of 2024

                  Nishanth @ Nisandh                       ... Appellant/ Accused No.5
                                                           in Crl.A(MD)No.660 of 2024

                  Chandrakumar                             ... Appellant/ Accused No.4
                                                           in Crl.A(MD)No.647 of 2024


                                                       Vs.


                  1.State represented by
                    The Deputy Superintendent of Police,
                    Trichy.

                  2.State represented by
                    The Inspector of Police,
                    Musiri Police Station,
                    Trichy District.
                    (Crime No.185 of 2024)      ... Respondents / Respondents / Complainant

                  3.Ganesan                     ... 3rd Respondent/Defacto Complainant

                                                                    (in all Criminal Appeals)




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                                                                       Crl.A(MD)Nos.665, 660 and 647 of 2024


                  Common Prayer : This Appeal is filed under Section 420 of BNSS / Section
                  14A of the Scheduled Castes and the Scheduled Tribes (Prevention of
                  Atrocities) Act (POA), to set aside the order passed by the 1st Additional
                  District and Sessions Judge (PCR), Tiruchirappalli, dated 29.07.2024, made
                  in Crl.M.P.Nos.3728 and 3640 of 2024 consequently enlarge the appellants /
                  Accused Nos. 4 to 6, on bail in Crime No.185 of 2024 on the file of the
                  respondent police.


                                  For appellants        : Mr.R.L.Dhilipan Pandian
                                                          in Crl.A(MD)Nos.660 and 665 of 2024

                                  For appellant         : Mr.A.Joel Paul Antony
                                                          in Crl.A(MD)No.647 of 2024

                                  For R-1 & R-2         : Mr.M.Sakthi Kumar
                                                          Government Advocate (Crl. Side)



                                            COMMON            JUDGMENT

Heard the learned Counsel appearing for the appellants and learned

Government Advocate (Crl. Side) appearing for the respondents 1 and 2.

2.These Criminal Appeal has been filed to call for the records and

to set aside the order passed by the 1st Additional District and Sessions Judge

(PCR), Tiruchirappalli, dated 29.07.2024, made in Crl.M.P.Nos.3640 and

3728 of 2024 consequently enlarge the appellants / Accused Nos. 4 to 6, on

bail in Crime No.185 of 2024 on the file of the respondent police.

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Crl.A(MD)Nos.665, 660 and 647 of 2024

3. The case of the prosecution is that the third respondent is the

Principal of Government Arts College, Musiri, Trichy District. On

09.07.2024, at about 11.45 a.m., the petitioners along with other accused and

their henchmen had quarrel with the third year students namely Ragavan and

Surya at the campus of the Government Arts College, Musiri and the same

was informed to the third respondent by one Office Assistant namely Baskar

and hence a complaint has been given in this regard before the second

respondent. Therefore, a case was registered in Crime No.185 of 2024 dated

09.07.2024 for the offences alleged under Sections 191(2), 191(3), 296(b),

329(4), 115(2), 118(1), 351(3) BNS. Subsequent to the FIR, the accused Nos.

4 to 6 were arrested on the same day. They moved bail applications in

Crl..M.P.Nos.3640 and 3728 of 2024 and before the learned Judicial

Magistrate, Musiri. They were arrested and remanded to custody on

09.07.2024, ever since they are in custody. The trial Court by order dated

29.07.2024, dismissed the bail applications stating that the outsiders armed

with deadly weapons entered into the premises and attacked third year

students namely Ragavan and Surya. Considering the gravity of the offence,

the trial Court dismissed the bail applications. Against which these Criminal

appeals were preferred.

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Crl.A(MD)Nos.665, 660 and 647 of 2024

4. Notices were served upon the victims namely Ragavan and Surya

they are also present before this Court. On their behalf Mr.P.Banu Prasath,

learned counsel entered appearance.

5. Heard both sides.

6. From the information submitted by the victims, it is seen that

trouble arose between the 1st year and 3rd year degree course students in the

College. There was a clash between the two groups of people. In support of

the accused in Crime No.185 of 2024, these appellants who are the outsiders,

ie., who have already completed their studies and went out of the campus,

came in support of other co-accused entered into the premises and attacked

the victims. It appears that both sustained injuries in the occurrence. Over

which, a case in Crime No.185 of 2024 which is the present subject and

Crime No.187 of 2024 were registered. The accused in Crime No.187 of

2021 moved anticipatory bail who are the victims herein in Cr.M.P.No.3857

and 3858 of 2024 before the Principal District and Sessions Judge,

Tiruchirappalli. The learned Judge granted bail to the victims herein, by

making the following observation:

" Heard both sides. Records perused. On perusal of records would show that the defacto complainant is the Principal

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Crl.A(MD)Nos.665, 660 and 647 of 2024

of the Arignar Anna Government Arts College, Musiri and the petitioners are the students of the college. There was a quarrel between the 1st year and 3rd year students and the petitioners attacked the students with stone and stick and the students Deepak, Logesh and Sathiskumar sustained simple injuries. The injured were treated as an out patient in the hospital. No previous case is pending against the petitioners. A case in counter case is pending between the parties. In such circumstances, considering all those aspects, this Court is inclined to grant anticipatory bail to the petitioners in both petitions."

7. Since it is a case, case in counter, in which both sides were got

injured and when the counter case accused namely the victims herein

Ragavan and Surya were granted anticipatory bail, these Criminal Appeals

are allowed, considering the period of incarceration. The victims were

present before this Court namely Ragavan and Surya and advised to keep

peace within the premises. Since the appellants herein are not studying in the

college, there shall be a direction to the appellants to keep away from the

occurrence place.

8. Accordingly, these Criminal Appeals are allowed and the order,

dated 29.07.2024, made in Crl.M.P.Nos.3640 and 3728 of 2024 by the 1st

Additional District and Sessions Judge (PCR), Tiruchirappalli, is set aside. https://www.mhc.tn.gov.in/judis

Crl.A(MD)Nos.665, 660 and 647 of 2024

The appellants are ordered to be released on bail on his 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 1st Additional District and Sessions

Judge (PCR), Tiruchirappalli, and on further condition that:

[a] the appellants shall stay at Thanjavur and appear before the learned Judicial Magistrate No.I, Thanjavur, daily at 10:30 a.m. until further orders;

[b] the appellants shall not tamper with evidence or witness either during investigation or trial;

[c] the appellants shall not abscond either during investigation or trial;

[d] On breach of any of the aforesaid conditions, the Trial Court is entitled to take appropriate action against the appellant in accordance with law, as if the conditions have been imposed and the appellants released on bail by the Trial Court itself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].





                                                                                      16.08.2024

                  NCC      : Yes / No
                  Index    : Yes/No
                  Internet : Yes/No

                  pnn

                  Note: Issue order copy on 16.08.2024.


https://www.mhc.tn.gov.in/judis

                                                                    Crl.A(MD)Nos.665, 660 and 647 of 2024



                  To