Dheenadayalan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.01.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Dheenadayalan S/o. Rajalingam

...Petitioner/Accused

Vs.

State represented by The Inspector of Police, Thirupathur Taluk Police Station, Thirupathur District.

(Crime No.723 of 2023)

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail concerned in Crime No.723 of 2023 on the file of the respondent, on such terms and conditions.

For Petitioner : Mr.E.Kannadasan For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side) 1/4

ORDER

The petitioner seeks bail in Crime No.723 of 2023, registered by the respondent for the offences under Sections 294(b), 323, 324, 307 of IPC with respect to an incident which happened on 13.12.2023. 2.The petitioner is the son of the defacto complainant and the injured is the father of the petitioner herein. It is stated that taking umbrage of the fact that his parents had not arranged his marriage, the petitioner entered into a wordy quarrel with his father and pushed him on the ground and caused injuries on the head.

3.The learned Government Advocate (Crl. Side) for the respondent stated that though the injured had been discharged from the hospital, owing to the fact that he had suffered injuries, he is still a little unconscious and has not fully recovered but however, taking into consideration the fact that it is a quarrel within the family, I am inclined to grant bail to the petitioner with certain conditions: 4.Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction 2/4

of the Judicial Magistrate No.II, Thirupathur, 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 petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders. [c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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 229A IPC.

24.01.2024 ata C.V.KARTHIKEYAN.

J.

ata 3/4

To

1. The Judicial Magistrate No.II, Thirupathur.

2. The Central Prison, Vellore.

3.The Inspector of Police, Thirupathur Taluk Police Station, Thirupathur District.

4.The Public Prosecutor, High Court of Madras.

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