Chandran @ Settu v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.09.2022
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Chandran @ Settu ..Petitioner Vs.
State Represented by Inspector of Police, Thiruvallur Taluk Police Station, Thiruvallur.
(Crime No.238 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.238 of 2022 on the file of the respondent police.
For Petitioner : Mr.G.Kaviyarasu For Respondent : Mr.E.Raj Thilak Additional Public Prosecutor
ORDER
The petitioner, who was arrested and remanded to judicial custody on 04.07.2022 for the offence punishable under Sections 294(b), 324, 506(ii), 307 of IPC and r/w Section 4 of Women Harassment Act, in Crime No.238 of 2022 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that due to family dispute, the father and mother of the defacto complainant are living separately. The mother of the defacto complainant also filed a divorce petition in HMOP.No.87 of 2022. On the date of hearing, when the defacto complainant's mother went to the Trial Court, the petitioner herein abused the defacto complainant's mother in filthy language and also assaulted her with knife. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of bail to the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent police would submit that the petitioner assaulted the defacto complainant's mother and caused grievous injuries on head. He would further submit that the injured has been discharged from the hospital. However, he vehemently opposed to grant bail to the petitioner.
5. Considering the above facts and circumstances of the case and also taking note of the fact that the petitioner is in judicial custody from 04.07.2022, this Court is inclined to grant bail to the petitioner.
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 Additional Mahila Judge, Thiruvallur 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 stay at Coimbatore and report before the Inspector of Police, Peelamedu Police Station, daily at 10.30 a.m., and 05.30 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.
[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.
19.09.2022 mn/gd
G.K.ILANTHIRAIYAN, J.
mn To 1.The Additional Mahila Judge, Thiruvallur.
2.The Inspector of Police, Thiruvallur Taluk Police Station, Thiruvallur.
3. The Inspector of Police, Peelamedu Police Station, Coimbatore.
4.The Central Prison, Puzhal.
5.The Public Prosecutor, High Court of Madras 19.09.2022