Lakshmanan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :13.07.2023

CORAM

THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN Lakshmanan

...Petitioner

Vs.

The State Rep by The Inspector of Police, Vikravandi Police Station, Villupuram (Crime No.193 of 2023) ...Respondent. PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner/accused on bail in connection with Crime No.193 of 2023 on the file of the Inspector of Police, Vikravandi Police Station, Villupuram.

For Petitioner : Mr.G.Mohammed Aseef For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.side) 1/7

ORDER

The petitioner, who was arrested and remanded to judicial custody on 13.04.2023 for the offences punishable under Section 341, 294 (b), 323, 324, 506 (2), 307 I.P.C r/w Section 4 of TNWH Act in Crime No.193 of 2023 on the file of the respondent police, seeks bail. 2.The learned counsel for the petitioner submitted that the defactocomplainant is the wife of the petitioner. Due to marital disharmony, they are living separate and defacto-complainant is now living with one Elumalai. On the basis of complaint given by defacto-complainant, petitioner is falsely implicated in Cr.No.193 of 2023 registered for the offences under Section 341, 294 (b), 323, 324, 506 (2), 307 I.P.C r/w Section 4 of TNWH Act. Petitioner is in judicial custody from 13.04.2023. Therefore, he prays for grant of bail to the petitioner. 3.In response, the learned Government Advocate (Criminal Side) submitted that defacto-complainant was living with one Elumalai. On 12.04.2023 at about 9.30 p.m. petitioner entered into the house of the 2/7

defacto-complainant and made brutal attack against her, Elumalai and the house owner with knife. All the three suffered injuries and now discharged from hospital.

4.Considered the rival submissions and perused the records. 5.Considering the nature of the allegations made against the petitioner and that the reasons to cause injuries to the victims and the fact that he is in judicial custody from 13.04.2023 and also the fact that the substantial part of the investigation might have been over by this time, this Court is inclined to grant bail to the petitioner with conditions.

6. 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, Vikravandi, and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the 3/7

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., 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.

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13.07.2023 ep To 1.The Judicial Magistrate, Vikravandi 2.The Inspector of Police, Vikravandi Police Station, Villupuram 3.Central Jail, Cuddalore 4.The Public Prosecutor, High Court of Madras 5/7

G.CHANDRASEKHARAN. J.

ep 6/7

13.07.2023 7/7