Munabarhusen v. State Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.8420 of 2022 Munabarhusen .. Petitioner Vs.

The State of rep. by The Inspector of Police, Annadanapatty Police Station, Salem.

(Crime No.125 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.125 of 2022, on the file of the respondent police. For Petitioner : Mr.J.Jayan For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor ********

O R D E R

The petitioner, who was arrested on 21.03.2022 for the offences punishable under Sections 341, 294(b), 307, 506(ii) of IPC in Crime No.125 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that in view of the enmity between the defacto complainant and one Aravindh, on 20.03.2022 at about 07.00 p.m., the defacto complainant was restrained by Aravindh and three others including the petitioner herein and while this petitioner caught hold of the hands of the defacto complainant, Aravindh has attacked him with knife on the head of the defacto complainant. The injured had sustained lacerated injury on his head and discharged after treatment. This petitioner was arrested on 21.03.2022 whereas the prime accused Aravindh is absconding and yet to be secured.

4. Considering the fact that this petitioner is in prison for more than 30 days and the injured person is discharged and the injury is alleged to have been caused to the defacto complainant by the absconding accused not by this petitioner, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions; (a) the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.IV, Salem; (b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (c) the petitioner is directed to appear before the Investigating Officer daily at 10.30 a.m., until further orders; (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 Judicial 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.

-sd/- 26/04/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.IV, SALEM.

2 THE CHIEF JUDICIAL MAGISTRATE SALEM. [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

4 THE INSPECTOR OF POLICE, ANNADANAPATTY POLICE STATION, SALEM.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.W.CAMYLES GANDHI Advocate on payment of necessary charges SR.NO. 6225 CRL OP.8420/2022 Date :26/04/2022 RW 26/04/2022