Kamaraj v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice M. NIRMAL KUMAR CRIMINAL ORIGINAL PETITION No.12377 of 2022 KAMARAJ [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, PERAMBALUR POLICE STATION, PERAMBALUR.

(CRIME NO.309/2022) For Petitioner : M/S.K.SELVARANGAN Advocate For Respondent : M/S.A.DAMODARAN, 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 02.05.2022 for the alleged offences under Sections 294(b), 353 and 307 of IPC in Crime Nos.309 of 2022 on the file of the respondent police, seeks bail.

2. The complaint is that the defacto complainant, who is the constable attached to the Armed Reserve Police sustained injury, when he was on duty in the Combined Court, Perambalur. On 29.04.2022, near the main gate of the Court, Permabalur, the petitioner is said to picked up a quarrel with a lady, abused her and assaulted her with knife and at that time, the defacto complainant had intervened and he sustained injuries.

3.The contention of the petitioner is that the petitioner had filed a divorce petition against his wife on the ground of adultery. She is living with one Gopalakrishnan. She is having intimacy with one Gopalakrishnan on the date of occurrence. He had gone to the Family Court, Perambalur and at that time, the said Gopalakrishnan

and petitioner's wife assaulted him and beaten him due to which the petitioner sustained injuries. At that time, the defacto complainant intervened and he sustained minor injuries. Now he had been discharged from the hospital.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that the defacto complainant, who sustained injuries got discharged from the hospital.

5.Considering the above submission, this Court is inclined to enlarge the petitioner on bail subject to imposing conditions.

6. 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 I, Perambalur 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 as and when required.

[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 petitioners 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/- 25/05/2022 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.I, PERAMBALUR.

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

4 THE INSPECTOR OF POLICE, PERAMBALUR POLICE STATION, PERAMBALUR.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.K.SELVARANGAN Advocate on payment of necessary charges SR.NO. 7828 CRL OP.12377/2022 Date :25/05/2022 RW-26/05/2022