Remigius Son Of Savrimuthu v. The State Rep By Inspector Of Police

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.12957 of 2022 REMIGIUS [ PETITIONER / ACCUSED ] Vs THE STATE REP BY INSPECTOR OF POLICE, [ RESPONDENT ] SANKARAPURAM POLICE STATION, KALLAKURICHI DISTRICT.

(CRIME NO.181 OF 2022) For Petitioner : M/S S.C.VISHWANTH Advocate For Respondent : M/S. RAJ THILAK, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- (1)The petitioner who is arrayed as A1 out of three accused and who was arrested on 19.04.2022 for the alleged offences punishable under Sections 294[b], 323, 324, 307 of IPC in Crime No.181 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 wife of the petitioner herein/A1 is the defacto complainant. She had appears to have taken a fancy to live with another person. There was a quarrel regarding that particular incident and also over repayment of a loan which had been incurred owing to purchase of a two-wheeler. The present petitioner appears to have taken the matter in his hands and inflicted injuries on her. (4)Taking into consideration the nature of complaint itself and the fact that the petitioner had been deeply aggrieved by the fact that his wife was living with another person and also the period of incarceration already suffered, this Court is inclined to grant bail 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, Sankarapuram 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 report before the respondent 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, SANKARAPURAM 2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM(FOR INFORMATION) 3 INSPECTOR OF POLICE, SANKARAPURAM POLICE STATION, KALLAKURICHI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE CC to M/S S.C.VISHWANTH Advocate on payment of necessary charges CRL OP.12957/2022 Date :01/06/2022 RVR 02/06/2022