Magendiran v. State Rep. By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.08.2023
CORAM
THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN Magendiran
...Petitioner
Vs.
The State Rep by its The Inspector of Police, Shoolagiri Police Station, Krishnagiri District. ...Respondent. PRAYER:
Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.403 of 2023 pending investigation on the file of the respondent Police. For Petitioner : Mr.E.Kannadasan For Respondent : Mr.S.Rajakumar Additional Public Prosecutor
ORDER
The petitioner, who was arrested and remanded to judicial custody on 07.07.2023 for the offences punishable under Section 294 (b), 324, 506 (ii) of I.P.C, subsequently altered into 294 (b), 323, 506 (ii) and 307 1/7
I.P.C. in Crime No.403 of 2023 on the file of the respondent police, seek bail.
2.The learned counsel for the petitioner submitted that due to previous enmity, defacto-complainant gave a false complaint. Petitioner is in judicial custody from 07.07.2023. Thus, he seeks bail. 3.In response, the learned Government Advocate (Criminal Side) submitted that the relationship between the defacto-complainant and accused is not good. On 05.07.2023 at about 06.15 p.m, the defactocomplainant and his wife came home from Soolagiri in his scooty, petitioner scolded them in filthy language. When defacto-complainant's wife's brother Mani intervened, petitioner/Magendiran had stabbed him in his stomach. Then he made criminal intimidation. Injured had been treated and discharged.
4.Considered the rival submissions and perused the records. 2/7
5.Considering the nature of incident and that injured had been treated and discharged, and that petitioner is in judicial custody from 07.07.2023, 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 No.II, Hosur, 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 morning at 10.30.a.m., and evening at 5.30 p.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. 3/7
[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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To 1.The Judicial Magistrate No.II, Hosur.
2.The Inspector of Police, Shoolagiri Police Station, Krishnagiri District.
3.Sub Jail, Hosur.
4.The Public Prosecutor, High Court of Madras 5/7
G.CHANDRASEKHARAN.
J.
ep 6/7
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