Mahalingam v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.OP.No.15447 of 2022 Mahalingam .. Petitioner/A1 Vs.

The State rep.by The Sub Inspector of Police, Kunnam Police Station, Perambalur crime No.189 of 2022 .. Respondent PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in crime No.189 of 2022 dated 01.06.2022 pending investigation on the file of the respondent police.

For Petitioner : Mr.K.Murugesan For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 02.06.2022 for the offence punishable under Sections 294(b), 324 and 307 of IPC in crime No.189 of 2022 on the file of the respondent police, seeks bail.

2. It is the case of the prosecution that on the date of occurrence, due to a wordy quarrel, the petitioner in a drunken mood, attacked the defacto complainant with knife. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the defacto complainant attacked the petitioner by a knife since the petitioner was in a drunken mood and the petitioner prevented from defacto complainant. Therefore, the knife attacked her and

otherwise, the petitioner has not committed any offence as alleged by the respondent police. Hence, he prays to grant bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent police submitted that the injured has been discharged from the hospital on 04.06.2022. However, he vehemently opposed to grant bail to the petitioner.

5. Considering the above facts and circumstances of the case and also considering that the injured has been discharged from the hospital, this Court is inclined to grant bail to the petitioner. 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 blood related sureties, each for a like sum to the satisfaction of the District Munsif cum Judicial Magistrate Court, Kunnam 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 daily at 10.30 a.m. and 05.30 p.m. for a period of four weeks and thereafter report before the respondent police as and when required for interrogation.

[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/- 04/07/2022 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, KUNNAM 2 THE CHIEF JUDICIAL MAGISTRATE PERAMBALUR [FOR INFORMATION] 3 THE SUB INSPECTOR OF POLICE, KUNNAM POLICE STATION, PERAMBALUR DISTRICT 4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY 5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S K.MURUGESAN Advocate on payment of necessary charges SR.NO.10535 CRL OP.15447/2022 Date :04/07/2022 JPA 04/07/2022