Venkatesan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Third day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice N. ANAND VENKATESH CRIMINAL ORIGINAL PETITION No.11748 of 2022 VENKATESAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, MEENSURUTTY POLICE STATION, ARIYALUR DISTRICT.

(CRIME NO.96/2022) For Petitioner : M/S.T.MURUGANANTHAM Advocate For Respondent : M/S.E.RAJ THILAK, Additional Public Prosecutor PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner who was arrested and remanded to judicial custody on 11.04.2022, for alleged offences under Sections 294(b), 307 of IPC, seeks bail.

2. The case of the prosecution is that there was a family dispute between the petitioner and his in-laws and the petitioner is said to be a drunkard leading a wavered life. On the date of incident, the petitioner is said to have orally abused his mother-in-law and also attacked her with wooden log causing injuries on her forehead and left hand. The injured took treatment as an in-patient till 13.04.2022 and thereafter she was discharged.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.

4. Taking into consideration the facts and circumstances of the case and also the fact that the petitioner has also suffered incarceration for nearly 42 days and the injured has already been discharged and there is no previous case against the petitioner, this Court is inclined to grant bail to the petitioner on certain conditions;

5.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.5,000/- (Rupees Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate-II, Jayamkondan 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 Friday at 6:30 p.m for a period of eight (8) 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 petitioners 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/- 23/05/2022 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.II, JAYAMKONDAN.

2 THE CHIEF JUDICIAL MAGISTRATE ARIYALUR DISTRICT. [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

4 THE INSPECTOR OF POLICE, MEENSURUTTY POLICE STATION, ARIYALUR DISTRICT.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.T.MURUGANANTHAM Advocate on payment of necessary charges SR.NO. 7782 CRL OP.11748/2022 Date :23/05/2022 RW-24/05/2022