Vinayagam v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2023

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Vinayagam ... Petitioner Vs.

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

(Crime No.89 of 2023).

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner/accused on bail, in connection with the Crime No.89 of 2023, pending investigation on the file of the respondent Police.

For Petitioner : Mr.S.Silambuselvan For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side) 1/6

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 03.04.2023, for the offences punishable under Sections 294(b), 323, 324, 506(ii) of IPC, in Crime No.89 of 2023, on the file of the respondent police, seeks bail.

2. The case of the prosecution as per the de-facto complainant/Subramani is that due to the family dispute, the accused, who are the relatives of his daughter-in-law, had abused and assaulted his son with wooden logs, due to which, he sustained grievous injuries. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is none other than the father-inlaw of the de-facto complainant's son/victim and due to the family dispute, the de-facto complainant has given a false complaint as against the petitioner and his family. He also submitted that even as per the prosecution, the victim has been discharged from the hospital. He further submitted that the 2/6

petitioner has nothing to do with the alleged offence and he is in custody from 03.04.2023 and further submitted that the petitioner is also ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for respondent submitted that on account of the family dispute, the petitioner along with other accused had abused the de-facto complainant's son and assaulted him with wooden log, due to which, he sustained grievous injuries. He further submitted that the injured victim has been treated as in-patient and discharged from the hospital on 24.04.2023, however, he vehemently opposed for grant of bail to the petitioner.

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

6. Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel on either side and taking 3/6

note of the fact that the injured has been discharged from the hospital and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

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 No.I, Vellore, 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., for a period of two weeks and thereafter, on every Saturday 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 4/6

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 abscond, a fresh FIR can be registered under Section 229A IPC.

27.04.2023 ham To

1. The Judicial Magistrate-I, Vellore.

2. The Inspector of Police, Vellore Taluk Police Station, Vellore District.

3. The Central Prison, Vellore.

4. The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA.,J.

ham 27.04.2023 6/6