S.Wilson v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Wilson

...Petitioner

Vs.

The Inspector of Police, Manali Police Station, Chennai District.

(Crime No.250 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.250 of 2022 on the file of the Inspector of Police, Manali Police Station, Chennai. For Petitioner : Mr.P.Muthamizhselvakumar For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 20.06.2022 for the offences punishable under Sections 294(b), 307 of IPC @ Section 302 of IPC in crime No.250 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on the date of 1/4

occurrence, under the influence of alcohol, the deceased quarrelled and assaulted the petitioner's mother. When the same was questioned by the petitioner, wordy quarrel arose and there was a push and pull between them, due to which the deceased fell down and sustained injuries. Later, he died. Hence, the case.

3. There was a wordy quarrel between the deceased and his wife. The petitioner is none other than the own son of the deceased. When he intercepted the wordy quarrel, there was a push and pull between them, due to which the deceased fell down and sustained head injury. Immediately, he was admitted in the Stanley hospital as inpatient. Unfortunately, the next day he died.

4. Considering the above facts and circumstances of the case and also the period of incarceration by the petitioner from the date of his arrest i.e.20.06.2022, 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 sureties, each for a like sum to the satisfaction of the Judicial 2/4

Magistrate Court, Thiruvetriyur 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 report before the respondent police twice daily at 10.30 a.m. and 5.30 p.m., for a period of six weeks and thereafter 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.

28.07.2022 mpl 3/4

G.K.ILANTHIRAIYAN, J.

mpl To 1.The Judicial Magistrate Court, Thiruvetriyur.

2.The Inspector of Police, Manali Police Station, Chennai District.

3.Central Prison - Puzhal.

4.The Public Prosecutor, High Court of Madras Crl.O.P.No.17630 of 2022 28.07.2022 4/4