Palani Armogam Kaundar v. The State Of Maharashtra

Sherla V.

ba.463.2016_915.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.463 OF 2016 Palani Armogan Kaundar ... Applicant Vs.

The State of Maharashtra ... Respondent Mr.Vinay Kumar O. Dubey for the Applicant Ms.Rutuja Ambekar, APP, for Respondent - State Mr.Manohar Senwane, PSI, Malad police station - present CORAM: MRS.MRIDULA BHATKAR, J.

DATE: MARCH 9, 2016 P.C.:

1.

The applicant has moved this application for bail as he was arrested on 3.8.2015 for the offences punishable under sections 307, 504 of the Indian Penal Code in C.R. No.364 of 2015 registered with the Malad police station, Mumbai. The wife of the applicant-accused gave complaint that the applicant-accused is addicted to liquor and used to quarrel with her often. On 3.8.2015, when she returned home in the evening, after work, he suddenly started abusing her and stabbed her with a knife. He inflicted blows on her hand and on her stomach. She screamed for help At tht time, some people arrived there and they rescued her. She was treated by Doctor and thereafter she gave complaint that her husband tried to kill her by inflicting blows of knife. Hence, this application. 1 / 2

ba.463.2016_915.doc 2.

The learned Counsel for the Applicant has submitted tht the allegations are false. The applicant-accused has not committed any offence. He further submitted that if at all he is bailed out, he will not keep any contact with his wife. He prays that he be released on bail. 3.

Learned Prosecutor has opposed the bail application. She relied on the injuries certificate of the victim. She also relied on the statements of the complainant and the other witnesses. She further submitted that the applicant-accused is having criminal antecedents and pointed out two offences committed the year 2006 under section 379 of the Indian Penal Code are still pending.

4.

Perused the injury certificate. It shows that there were three stab injuries out of which two are on the arms and one on the right side of the abdomen. The injury on the abdomen is described as grievous injury. The complainant is the wife of the applicant-accused. He is having antecedents and he is also addicted to liquor. In these circumstances, I am not inclined to grant bail. Hence, bail application is rejected. (MRIDULA BHATKAR, J.) 2 / 2