Selvaraj v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the First day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice C.V. KARTHIKEYAN CRIMINAL ORIGINAL PETITION No.12810 of 2022 SELVARAJ [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, MECHERI POLICE STATION, SALEM DISTRICT (CRIME NO.211 OF 2022) For Petitioner : M/S T.GANESAN 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 :- (1)The petitioner/accused who was arrested on 12.05.2022 for the alleged offence punishable under Section 307 of IPC in Crime No.211 of 2022 on the file of the respondent police, seeks bail. (2)Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. (3)The bail application has been filed by a father on a complaint that he had attacked his own daughter on the ground that she did not live in the marital house with her husband. She sustained injuries, but had been discharged from hospital.

(4)Taking into consideration of the fact that family quarrel had emanated into an offence, it would only be appropriate that bail is granted to the petitioner.

(5)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.II, Mettur, and on further condition 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 stay at Thanjavur and report before the Station House Officer, Thanjavur Town Police Station daily at 10.30 am., 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 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/- 01/06/2022 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, METTUR 2 THE CHIEF JUDICIAL MAGISTRATE SALEM [FOR INFORMATION]

3 THE INSPECTOR OF POLICE, MECHERI POLICE STATION, SALEM DISTRICT 4 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

6 THE STATION HOUSE OFFICER THANJAVUR TOWN POLICE STATION, THANJAVUR +1 CC to M/S T.GANESAN Advocate on payment of necessary charges SR.NO.8368 CRL OP.12810/2022 Date :01/06/2022 JPA 01/06/2022