Perumal @ Ravi v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.01.2023

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Perumal @ Ravi ... Petitioner Vs.

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

(Crime No.4 of 2023).

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail pending investigation in Crime No.4 of 2023 on the file of the respondent.

For Petitioner : Mr.C.Munusamy For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl.Side) 1/6

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 04.01.2023, for the alleged offences punishable under Sections 294(b), 323, 324, 506(ii) and 307 IPC and Section 4 of TNWH Act, in Crime No.4 of 2023, on the file of the respondent Police, seeks bail.

2. The case of the prosecution as per the de-facto complainant is that the accused have picked up the quarrel with the de-facto complainant and his family members, during which, he abused and assaulted the de-facto complainant with wooden log, also assaulted his sister in her eye and also assaulted his father, whose age is about 60 years with knife, causing grievous injuries. The further allegation is that the accused had threatened them with dire consequences. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person aged about 60 years and he has been falsely implicated in this case. He also submitted that due to the previous enmity, the de-facto complainant has lodged a false complaint. He further submitted that the petitioner is in custody from 04.01.2023 and he is ready to abide by any 2/6

stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner along with the other accused abused and assaulted the de-facto complainant and his family, due to which they suffered grievous injuries. He also stated that the injured have been discharged from the hospital and the investigation is almost completed, however, he opposed to grant bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the materials available on record.

6. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner and also taking note of the fact that the investigation is almost completed, this Court is inclined to grant bail to the petitioner with certain conditions. 3/6

7. Accordingly, the petitioner is 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 Judicial Magistrate, Gingee, 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 on every Saturday at 10.30 a.m., for a period of eight weeks and thereafter, as and when required for interrogation;

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner 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 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]; and;

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(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. 25.01.2023 ham To

1. The Judicial Magistrate, Gingee.

2. The Inspector of Police, Gingee Police Station, Gingee Taluk, Villupuram District.

3. The Central Prison, Cuddalore.

4. The Public Prosecutor, High Court of Madras.

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T.V.THAMILSELVI,J.

ham 25.01.2023 6/6